A.
Outdoor recreation facilities.
(1)
Such uses shall include golf courses, swimming pools,
tennis courts, ice-skating rinks, ski runs and ski trails.
(2)
No building or structure shall be located within 100
feet of any property line.
(3)
Unenclosed recreational facilities shall be located
not less than 150 feet from any property line, except where greater
distances are otherwise required herein, and shall be effectively
screened from adjoining dwelling uses.
(4)
Illuminated signs and other lights shall be directed
away or shielded from adjoining properties.[1]
[1]
Editor’s Note: Former Subsection A(5), regarding public
address systems and which immediately followed this subsection, was
repealed 7-12-2010 by L.L. No. 4-2010. This local law also provided
for the redesignation of former Subsection A(6) as Subsection A(5).
(5)
Permanent private swimming pools or portable pools
10 feet or more in any dimension shall, when located in residence
districts, conform to all yard and setback requirements for detached
accessory structures of the district in which located, except that
pools may be located no closer than 10 feet from a rear property line.
All pools must be made safe and secure by fencing or other means,
as required by regulations of the New York State Uniform Fire Prevention
and Building Code. (See 9 NYCRR 720.) All pool installations, aboveground,
in-ground or portable, must be equipped with a ground fault interrupter
(GFI), and all electrical installations must be approved by the authorized
inspection agency.
[Amended 8-22-1994 by L.L. No. 2-1994]
B.
Tourist and vacation buildings.
(1)
Such uses shall include motels, resort hotels and
tourist homes and may be permitted upon approval of the Planning Board,
provided that:
(a)
There shall be filed with the application a
map or plan of the entire property, showing the proposed location
and dimensions of all structures, recreation grounds and community
facilities proposed to be constructed thereon.
(b)
There shall be presented with the application
for this permit a certificate of the County Department of Health approving
of the source and method of treatment of the proposed supply of potable
water.
(c)
There shall be presented with the application
for this permit two copies of a map or plan of the system of sewage
and waste disposal, which said copies shall bear the endorsement and
approval of the County Department of Health.
(d)
No structure in such use shall be within 50
feet of any property line or within 100 feet of any watercourse which
is a part of any public water supply system.
(e)
The total number of units to be accommodated
in such use shall not exceed one for each 2,000 square feet of area
within such premises.
(f)
Within the total area of the lot, each principal
building used for living purposes shall have the equivalent of lot
area and width, yards and open spaces as follows: each principal building
shall have appurtenant and adjacent thereto a portion of the total
area of the lot to give it front and rear yards, each not less than
25 feet in depth, and side yards, each not less than 15 feet in width.
(g)
Any building designed or used as a place for
entertainment, such as a clubhouse, pavilion, casino or for a similar
purpose, or for bathhouses for guests of the premises shall have appurtenant
and adjacent thereto a portion of the total area of the lot to give
it front and rear yards, each not less than 50 feet in depth, and
side yards, each not less than 40 feet in width.
(h)
If swimming facilities are proposed to be provided
in such use, plans showing the extent and location of such facilities
and proposed source of water and method of treatment, if any, shall
be submitted with the application for the above permit, and such plans
shall bear the approval of the County Department of Health.
(i)
No certificate of occupancy shall be issued
for any such use until the Building Inspector has made a personal
examination and satisfied himself that all of the requirements herein
set forth have been complied with. No such use shall be used or occupied
until a certificate of occupancy has been issued.
(2)
Such uses in existence and being operated as such
at the time of the passage of this chapter shall not be subject to
the above requirements. A nonconforming resort use abandoned for a
period greater than two years shall be deemed to be discontinued,
and the premises may not thereafter be used as a resort except on
approval of the Zoning Board of Appeals, as hereinafter provided.
C.
Campsites. Such uses may be permitted upon the approval of the Planning Board, provided that they conform to all requirements of Chapter 102, Mobile Homes, except as follows:
(1)
Occupancy by any individual or group of individuals
in any form of permitted temporary, movable or portable shelter shall
be for a period of not to exceed 90 days in any calendar year.
(2)
Each camping space shall be at least 2,500 square
feet in area and 50 feet in width. There shall be an average of no
more than 12 camping areas per acre for any campsite.
(3)
Parking spaces for automobiles shall be 30 feet long
and 12 feet wide, with an eight-foot-wide strip of gravel, if necessary.
Parking spaces for automobiles with trailers shall be 50 feet long
and 14 feet wide, with a ten-foot-wide strip of gravel, if necessary.
(4)
No camping space shall be within 50 feet of any property
line or within 100 feet of any watercourse which is part of any public
water supply system.
(5)
No electrical outlets are required for individual
camping spaces.
(6)
Sanitation facilities shall be furnished in accordance
with the following specifications:
(a)
One toilet for each sex for every five units
or fraction thereof.
(b)
Each toilet room for men shall have, in addition,
one urinal stall.
(c)
One lavatory for each unit of three toilets
or less and one lavatory for every three toilets, where additional
toilets are provided.
(d)
One shower for each sex for every five units
or fraction thereof. Bathtubs are prohibited.
(e)
Slop sinks or basins and laundry tubs, with
water supply to be provided to serve each five units.
(f)
All toilets, sinks, showers, urinals, etc.,
are to be placed in properly constructed buildings located not less
than 100 nor more than 500 feet from each camping space intended to
be served thereby.
(g)
Each toilet and shower for which provision is made in Subsection C(6)(f) above shall be in a private compartment or stall.
(h)
The toilet and other sanitation facilities for
males and females shall be either in separate buildings or shall be
separated, if in the same building, by a soundproof wall. The sanitation
facilities for males and females shall be distinctly marked to denote
the sex for which they are intended.
(7)
Service buildings housing sanitation facilities shall
be constructed and maintained in accordance with the following specifications:
(a)
They shall be permanent structures complying
with all applicable ordinances and statutes regulating buildings,
electrical installations and plumbing and sanitation systems.
(b)
The service building shall be well-lighted at
all times of the day and night, shall be well-ventilated with screened
openings, shall be constructed of such moistureproof material, which
may be painted woodwork, as shall permit repeated cleaning and washing
and shall be maintained at a temperature of at least 68º F. during
the period from October 1 to May 1. The floors of the service buildings
shall be of concrete or similar materials, elevated not less than
four inches above grade, and shall slope to a floor drain located
in each room.
(c)
All service buildings and the grounds of the
site shall be maintained in a clean, sightly condition and kept free
of any condition that will menace the health of any occupant or the
public or constitute a nuisance.[2]
[2]
Editor's Note: Former Subsection D, Seasonal dwelling unit
conversions, which immediately followed this subsection, was repealed
5-9-2011 by L.L. No. 3-2011.
D.
Seasonal dwelling unit conversions.
[Added 6-13-2016 by L.L.
No. 1-2016]
(1)
Conversion of a seasonal dwelling shall require a special use permit from the Planning Board, in accordance with the provisions of § 155-32 of this chapter.
(2)
In
considering and approving an application for seasonal dwelling conversion,
it shall be the primary concern of the Planning Board to preserve
the public health, safety and welfare. To this end, the approval of
any such application shall include appropriate conditions and safeguards
in harmony with the general purpose and intent of this chapter and
particularly with regard to the following:
A.
Community buildings, clubs, lodges and fraternal organizations.
(1)
All buildings shall be a minimum of 20 feet from any
property line, except where greater distances are required herein.
(2)
In the R-1 District, where permitted, there may be
included retail sales for members and guests only.
(3)
All applications for such uses in the R-1 District
shall demonstrate to the satisfaction of the Planning Board that the
proposed use will serve primarily the residents of the locality and
is not operated for gain.
B.
Essential services. Such uses shall include electric
substations, transformers, switches, sewage treatment plants, auxiliary
apparatus serving a distribution area and water pumping stations.
(1)
Such facilities shall be so located as to draw a minimum
of vehicular traffic to and through residential streets.
(2)
The location, design and operation of such facilities
shall not adversely affect the character of the surrounding residential
area.
(3)
Lots containing essential services shall be of sufficient
size to allow for the construction of the essential service and to
provide adequate setbacks, buffers, landscaping and parking. Adequate
fences, barriers and other safety devices shall be installed.
C.
Waterfront parks. Public parks adjacent to the Hudson
River or its tributaries may be permitted in any zoning district,
subject to the following conditions:
In order to ensure that commercial and industrial
uses, where permitted in the Town of Marlborough, will have no adverse
effect on the environment or on adjacent land uses, the following
conditions and procedures shall be complied with before a building
permit or a certificate of occupancy may be issued:
A.
Environmental quality review. Such review shall be
employed in considering proposed reuses of recyclable agricultural
buildings.
B.
Outdoor storage of materials and equipment. In the
R, R-1 or R-Ag-1 Districts, on lots of three acres or less, outdoor
storage of materials or equipment unrelated to a principal permitted
use in that district shall be prohibited.
[Amended 8-22-1994 by L.L. No. 2-1994; 3-25-1994 by L.L. No. 3-1996]
Storage, processing and packaging buildings
shall include coolers, packinghouses and barns. These buildings may
be utilized for nonagricultural activities, such as warehousing and
long-term storage, when conducted without public hazard or nuisance
caused by odor, noise, smoke, dust or traffic generation. A principal
building with attendant accessory buildings and outside storage shall
occupy no more than 30% of a lot which shall be created for such purpose.
Such lot shall not be smaller than the minimum of two acres. All buildings,
when recycled or completed, shall meet the requirements of the New
York State Uniform Fire Prevention and Building Code.
[Amended 8-22-1994 by L.L. No. 2-1994]
Such stands, where permitted, shall comply with
the following:
A.
They shall be set back 50 feet from the edge of the
right-of-way.
B.
The space for parked vehicles is to be level, well-drained
and covered with gravel.
C.
A license to be granted by the Town Clerk is required,
as is payment of an annual fee which will be set by the Town Board
at the annual reorganizational meeting, said fee to be paid to the
Town Clerk before the license is issued.[1]
[1]
Editor's Note: The current fees resolution
is on file in the office of the Town Clerk and may be examined there
during regular office hours.
D.
Site review and approval by the Planning Board is
required.
E.
Written authorization of the property owner is required.
All home occupations shall meet the following
conditions:
A.
The home occupation shall be clearly incidental to
the principal use of the residential structure in which it is located,
and no more than one home occupation shall be conducted on the premises.
Such use shall not exceed 35% of the total floor area of the dwelling
unit within which the home occupation is conducted, inclusive of preexisting
attached garages, exclusive of accessory buildings whether or not
attached to the principal structure.
B.
The home occupation shall be conducted solely by the owner residing on the premises. Except as specified in Subsection E below, no other persons shall be permitted to share, let or sublet space within the residence for home occupation use.
C.
The home occupation shall be conducted entirely within the principal structure, and there shall be no visible exterior display of goods or external evidence of such home occupation, such as a commercial vehicle which exceeds the standards set forth in § 155-27. Only the signs permitted by § 155-28 hereof shall be allowed. The home occupation shall not change the residential character of the building or of the neighborhood in which it is situated.
[Amended 8-22-1994 by L.L. No. 2-1994; 5-22-2017 by L.L. No.
5-2017]
D.
There shall be no structural alteration to the principal
building in order to accommodate the home occupation. Home occupations
shall generate no noise, odor, vibration, smoke, dust, traffic or
other objectionable effects.
E.
No more than two nonresident persons, other than family
members related by blood or marriage, may be employed to assist the
operator of the home occupation.
F.
All home occupations are subject to an annual fee
which will be set by the Town Board at the annual reorganizational
meeting.
[Amended 8-22-1994 by L.L. No. 2-1994]
[Amended 8-22-1994 by L.L. No. 2-1994]
Helipads, where permitted, shall comply with
the following:
A.
It shall be located on a single parcel of land of
not less than 50 acres.
B.
Takeoffs and landings shall be only during daylight
hours.
C.
It shall be operated only by members of the resident
family for agriculturally-related commercial purposes.
D.
Sound levels at the property line of the nearest residential
property shall not exceed 75 decibels.
[Amended 8-22-1994 by L.L. No. 2-1994]
Junkyards, where permitted, shall comply with
the following:
A.
Mining and excavation in the R-Ag-1 District. Excavation
and sale of shale, sand, clay, gravel, rock or other natural mineral
deposit shall be allowed only by special permit, subject to the following
provisions. The preceding sentence notwithstanding, property owners
may utilize gravel, stone quarrying or other materials excavated on
their own property for fill or leveling.
(1)
Before a special permit is issued, the applicant shall
submit to the Planning Board two copies of a map, at a scale of one
inch equals no more than 100 feet, showing all land within 200 feet
thereof, with exact locations of all buildings, streets, utilities,
drainage or other easements, watercourses, lot lines, block and lot
numbers and names of the landowners. Such map shall also show the
present topography at ten-foot contour intervals. The map shall be
signed by a licensed engineer or land surveyor for certification of
its accuracy and source.
[Amended 3-8-1999 by L.L. No. 1-1999]
(3)
During excavation or quarry operations, open pits
and quarry walls shall be entirely surrounded by a substantial fence,
at least six feet high, that will effectively block access to the
area with suitable gates provided with locks. The top and/or toe of
the slope shall be not closer than 40 feet to a property line.
(4)
The proposed finished grading plan shall show the
land to be smooth graded and topsoil or other suitable material respread.
(5)
The applicant shall be required to furnish a performance
bond in an amount determined by the Planning Board Engineer and approved
by the Planning Board and then the Town Board and to be held by the
Town Clerk to be sufficient to guarantee the completion of the finished
grading and drainage plan. The bond(s) shall be released only upon
certification by the Planning Board Engineer that all requirements,
including the finished grading and drainage, have been complied with.
[Amended 3-8-1999 by L.L. No. 1-1999]
(6)
No special permit for excavation operations or soil
mining shall be granted for a period of more than three years, but
such permit may be extended for additional two-year periods upon approval
of the Planning Board.
(7)
Upon approval, one copy of the approved excavation
plan shall be returned to the applicant by the Town Clerk, together
with the special permit, upon the payment of a fee in an amount set
by resolution of the Town Board to cover all engineering and other
costs directly attributable to the approval and office and field checking
of the proposed soil mining operations.[2]
[Amended 8-22-1994 by L.L. No. 2-1994]
[2]
Editor's Note: The current fees resolution
is on file in the office of the Town Clerk and may be examined there
during regular office hours.
B.
Mining and excavation in the I District. Mining and
excavation and the sale of shale, sand, clay, gravel, rock or other
natural mineral deposits shall be allowed, provided that the following
conditions are met:
(1)
A map showing the contours at five-foot intervals
and the exterior boundary line of the property to be included in the
quarry shall be filed with the Building Inspector.
(2)
The minimum size of the lot is at least 50 acres and
a distance of not less than 50 feet shall be maintained between any
quarry operation and any street or property line.
(3)
No quarry operation shall emit an injurious amount
of dust, noise or vibration beyond the geographical limits of such
quarry.
(4)
All roads within any quarry which are located within
500 feet of any residential district boundary shall be provided with
a dustless surface satisfactory to the Town Superintendent of Highways.
(5)
The exterior bounds of the property shall be posted,
and fences at least six feet in height shall be maintained, with suitable
locking gates, across each roadway or other means of vehicular access
to the property.
(6)
All activities involving and all storage of flammable
and explosive materials shall be provided with adequate safety devices
against the hazard of explosion and fire, and adequate fire-fighting
and fire-suppression equipment and devices prescribed by the laws
of the State of New York shall be maintained.
A.
Off-street parking. In all districts, in connection
with every manufacturing, business, institutional, recreational, residential
or any other use, there shall be provided, at the time any building
or structure is erected or is enlarged or increased in capacity, off-street
parking spaces for vehicles in accordance with the requirements set
forth herein.
(1)
Size, access and construction.
(a)
Each off-street parking space shall have an area of not less than 162 square feet, exclusive of access drives or aisles, and shall be of usable shape and condition. Parking areas shall be suitably drained and shall be paved with an all-weather surface in accordance with the minimum specifications of Chapter 134, Subdivision of Land.
[Amended 4-11-2022 by L.L. No. 2-2022]
(b)
There shall be adequate provisions for ingress
to and egress from all parking spaces. Access to off-street parking
areas shall be limited to several well-defined locations, and in no
case shall there be permitted unrestricted access along the length
of the street or alley upon which the parking area abuts.
(c)
In the R, R-1 and R-Ag-1 Districts, on lots
of two acres or less whose principal use is a residence, off-street
parking for any commercial truck or associated trailer with a manufacturer's
rated capacity of more than one ton shall be considered a permitted
accessory use when such vehicle is housed in a garage. Such garage
shall meet all yard setback and lot coverage requirements.
(2)
Number of parking spaces required.
(a)
The number of off-street parking spaces required
shall be as set forth in Table 1 below. Except in the case of dwellings,
no parking area provided hereunder shall be established for less than
three spaces.
(b)
In the case of any building, structure or premises,
the use of which is not specifically mentioned herein, the provisions
for a use which is so mentioned and to which said use is similar,
in the opinion of the Zoning Board of Appeals, shall apply.
|
Table 1
Required Off-Street Parking Spaces
| ||
|---|---|---|
|
Uses
|
Required Parking Spaces
| |
|
Residential uses
[Amended 5-27-2003 by L.L. No. 2-2003] |
1.5 for each dwelling unit (rounded down to
a whole number), except for residential cluster developments
| |
|
Churches and schools
|
1 for each 3.5 seats in an auditorium or 1 for
each 17 classroom seats, whichever is greater
| |
|
Community buildings and social halls
|
1 for each 20 square feet of floor area
| |
|
Country clubs and golf courses
|
1 for each 200 square feet of floor area occupied
by all principal and accessory structures, except those used for parking
purposes
| |
|
Motels and resort hotels
|
1 for each family or dwelling unit
| |
|
Tourist homes
[Repealed 3-8-1999 by L.L. No. 1-1999] | ||
|
Nursing and convalescent homes
|
1 for each 3 beds, plus 1 for each employee
| |
|
Medical clinics or offices
|
6 spaces for each doctor
| |
|
Dental clinics or offices
|
3 spaces for each dentist
| |
|
Restaurants, taverns and nightclubs
|
1 for each 3.0 seats
| |
|
Retail stores, store groups and shops
|
1 for each 300 square feet of floor area
| |
|
Bowling alleys
|
3 for each alley
| |
|
Manufacturing plants and research or testing
laboratories
|
1 for each 1,000 square feet of floor area,
plus 1 for each 2 employees in the maximum working shift; the total
parking area shall be not less than 25% of the building floor area
| |
|
Residential cluster
[Amended 5-27-2003 by L.L. No. 2-2003] |
1.5 spaces for each dwelling unit (rounded down
to a whole number), plus 10% of all off-street parking for visitor
parking
| |
|
Multiple dwellings
[Added 5-27-2003 by L.L. No. 2-2003] |
1.5 for each dwelling unit (rounded down to
a whole number)
| |
|
Wholesale establishments, warehouses and packing
plants
|
1 for each 2 employees in the maximum shift;
the total parking area shall be not less than 25% of the building
floor area
| |
|
Senior citizen housing
[Added 11-13-1995 by L.L. No. 5-1995] |
1.0 space for each dwelling unit
| |
|
All uses in the Hamlet
|
Uses within the Hamlet Parking District
| |
|
Parking District
[Added 3-8-1999 by L.L. No. 1-1999] |
shall require compliance with the required off-street
parking spaces; however credit for the first five required
parking spaces will be given for on-street parking within 400 feet
of the proposed use. Credit will also be given for parking spaces
designated for the individual use on land not owned by the applicant
A letter stating that such parking is available shall be provided
from current owners of the parking within a reasonable time frame
for which the parking will be available. Consideration for mixed use
time period can be given.
| |
|
Bed-and-breakfast
[Added 3-8-1999 by L.L. No. 1-1999] |
2, plus 1 for each bedroom available for rental
| |
(3)
Off-site facilities. All permitted and required accessory
off-street parking spaces, open or enclosed, shall be located on the
same lot as the use to which such spaces are accessory, except that
such spaces may be provided within a radius of no greater distance
than 250 feet from that lot as measured from property lines.
(4)
The Planning Board, in its discretion, may increase
the parking spaces necessary as part of the site plan review process.
[Added 11-13-1995 by L.L. No. 5-1995]
(5)
The Planning Board, at its discretion, may reduce
the parking spaces necessary as part of the site plan review process
for areas located in the Hamlet Parking District.
[Added 3-8-1999 by L.L. No. 1-1999]
B.
Off-street loading.
(1)
In any district, in connection with every building
or building group or part thereof hereafter erected and having a gross
floor area of 10,000 square feet or more, which is to be occupied
by manufacturing or commercial uses or distribution by vehicles of
material or merchandise, there shall be provided and maintained, on
the same zone lot with such building, off-street loading berths in
accordance with the requirements of Table 2, following:
|
Table 2
Required Off-Street Loading Berths
| |||
|---|---|---|---|
|
Uses
|
Floor Area
(square feet)
|
Number of Loading Berths
| |
|
Schools
|
15,000 or more
|
1
| |
|
Hotels and offices
|
10,000 or more
|
1
| |
|
Retail commercial and miscellaneous
|
10,000 to 25,000
|
1
| |
|
25,001 to 40,000
|
2
| ||
|
40,001 to 60,000
|
3
| ||
|
60,001 to 100,000
|
4
| ||
|
For each additional 50,000 or major fraction
thereof
|
1 additional
| ||
(2)
Dimensions for required loading berths. Each required
loading berth shall be determined at the discretion of the Planning
Board. Minimum length may be increased depending on the dimensions
of the transportation mode (vehicle or railroad car) customarily serving
the building described in Table 2 above.
[Amended 9-26-2022 by L.L. No. 8-2022]
(3)
Location and dimensions of loading areas. All loading areas, including those which are not required by Subsection B(1), shall be on the same lot as the use which is to be served. For the purposes of this section, "loading area" shall include all areas where cargo is transferred between a building and a transportation mode, as well as all space where railroad cars or trucks are parked during such transfer. Such areas shall be supplemented by an apron space whose depth is at least equal to the required length of the loading berth. Loading and apron areas shall not encroach upon any road, required off-street parking area or open space.
(4)
Access to roads. There shall be no more than one entrance-exit
point of 28 feet in width onto any road from such a loading area for
every 500 feet of frontage on any state highway. There shall be no
access within 200 feet of any school, playground or church, nor closer
to the intersection of any two street lot lines than 500 feet.
C.
Joint facilities for parking or loading. Off-street
parking and loading facilities for separate uses may be provided jointly,
if the total number of spaces so provided is not less than the sum
of the separate requirements for each use, and provided that all regulations
governing the location of accessory spaces in relation to the use
served are adhered to. Further, no accessory space or portion thereof
shall serve as a required space for more than one use, unless otherwise
approved by the Zoning Board of Appeals in accordance with the purposes
and procedures set forth herein.
D.
Automobile service and filling stations.
(1)
Location of exits and entrances. No gasoline filling
station or automobile repair shop or any vehicular access thereto
shall be located within 200 feet of schools, playgrounds and churches.
Vehicular access to the above automotive uses shall not be closer
to the intersection of any two street lot lines than 500 feet.
(2)
Location of appliances or pits. No gasoline filling
station or parking garage shall be permitted where any gasoline or
oil pump or oil draining pit or visible appliance for any such purpose
is located within 20 feet of any street lot line.
[Amended 5-22-2017 by L.L. No. 5-2017]
A.
Legislative intent and purpose.
(1)
The intent of this section of the Zoning Law of the Town of Marlborough
is to define provisions applicable to the location, construction,
design and placement of signs within Marlborough and the zoning districts
thereof and to provide a reasonable period for replacement of nonconforming
signs.
(2)
The purpose of the provisions herein is to regulate signs and related
advertising materials in order to promote safety, health, economic
development, community character and convenience. Among the objectives
are, the reduction of or elimination of nonconforming signage, and
the containment or curtailment of unauthorized postings. The following
are additional purposes:
(a)
Provide a method for the implementation of this section reasonably
related to the foregoing purposes and to objectives sought to be promoted
by the community consistent with the guidelines and intent of the
Comprehensive Master Plan of the Town;
(b)
Protect and enhance the unique visual qualities of Marlborough;
(c)
Encourage the installation of appropriate signs that harmonize
with the buildings, neighborhood, and other signs in the area;
(d)
Eliminate excessive and unsightly competition for visual attention
through signs;
(e)
Safeguard the general public by elimination of signs which may
distract a motorist and/or contribute to the hazards of driving;
(f)
Safeguard objects having special aesthetic interest or value;
(g)
Preserve citizens' rights to a customary means of earning a
living;
(h)
Facilitate the reasonable needs of businesses to identify themselves
in ways harmonious with their landscapes;
(i)
Foster, encourage and provide uniformity and or continuity of
visual characteristics within the community;
(j)
Maintain a standard of quality of all signs;
(k)
Regulate without regard to commercial or noncommercial content;
(l)
Ensure that the owner of any sign that is otherwise allowed
under this section may substitute noncommercial copy in lieu of any
other commercial or noncommercial copy. This substitution of copy
may be made without any additional approval or permitting, except
that provided in Subdivision C(4)(a)(1). The purpose of this provision
is to prevent any inadvertent favoring of commercial messages over
any other noncommercial messages.
B.
Word usage and definitions.
(1)
Except where specifically defined in this section or in § 155-1 of this chapter, all words shall carry their customary meanings. Any word that is defined in this section or in § 155-1 shall have the meaning assigned by the definition in this section. Words used in the present tense include the future and the plural includes singular. The word "shall" is intended to be mandatory.
(2)
A-FRAME, EASEL SIGN or SANDWICH BOARD
AGRICULTURAL SIGN
AWNING or CANOPIES
AWNING SIGN
BANNERS
BENCH SIGN
BILLBOARD
BUSINESS SIGN
COMMUNITY DIRECTORY SIGN
CONSTRUCTION PROJECT SIGN
DIRECTIONAL SIGN
DIRECTORY SIGN
EVENT SIGN
FREESTANDING SIGN
GROUND
HISTORICAL MARKERS
HOME OCCUPATION SIGN
INFLATABLE SIGN
LADDER SIGN
LIGHTED SIGN
(a)
(b)
(c)
(d)
(e)
(f)
(g)
MONUMENT SIGN
MULTIPLE DWELLING SIGN
NAMEPLATE
NONCOMMERCIAL SIGN
OFF-PREMISES SIGN
PERSON
POLE SIGN
POLITICAL CAMPAIGN SIGN
PORTABLE SIGN
POST-AND-ARM SIGN
POSTER
PREMISES SIGN
PRIMARY SIGN
PRIVATE SALE SIGN
PROJECTING SIGN
REAL ESTATE SIGN
REVERSE CHANNEL SIGNS
ROOF SIGN
SIGN
SIGN AREA
(a)
(b)
SUBDIVISION SIGN
TEMPORARY SIGN
WALL SIGN
WINDOW SIGN
For the purposes of this section, § 155-28, the following terms shall have the meanings indicated:
A double-faced sign, with the two faces connected at the
top and spaced at the bottom, so as to form the shape of the letter
"A," and therefore being self-supporting on a flat surface; or a single-faced
sign similarly self-supporting.
A sign identifying an agricultural operation, including pick-your-own
produce or pick your own plants and trees.
A roof-like covering consisting of any pliable material attached
to a metal or other frame and supported entirely from a building or
other structure and projecting from a structure.
Any visual message, symbol, trade mark, insignia, pattern,
color, lighting or letters on an awning.
A piece of cloth, plastic or similar pliable material attached
at one or more points to a pole, staff, wire, rope or other support.
Any sign painted on or otherwise attached to a bench or other
seat meant to be seen by the public.
An off-premises sign which is leased or rented for profit.
A sign that directs attention to a permitted business or
profession conducted on the premises, including permitted home occupations.
A freestanding off-premises sign, along a state or county
highway, listing commercial establishments in the context of calling
attention to the location of hamlets or neighborhood which are important
to the Town. Community directory signs may be privately owned and
maintained. They shall be subject to approval by resolution of the
Town Board, and they shall be of a location, size, and content as
the Town Board approves in the exercise of its discretion. The Town
Board may impose conditions on the approval.
A temporary nonilluminated sign denoting the architect, engineer
and/or contractor when placed on a site under construction.
A sign located on premises which provides traffic flow information,
such as "In," "Enter," "Out," "Exit," "Parking in Rear," "Crosswalk,"
"Watch for Pedestrians," etc.
A listing of two or more businesses for identification purposes
consisting of two or more horizontal crosspieces on a common matrix
or support.
Temporary and nonpermanent signs covering dated activities
such as sporting, religious, social, and entertainment events.
A sign not attached to or part of any building or screening
surface but permanently affixed, by any other means, to the ground,
including pole, post-and-arm, ladder and monument signs.
Natural earth, soil or pavement surface at the sign location.
Emblems, tablets, plaques, memorial signs or statues when
cut into masonry surface or constructed of bronze, stainless steel,
or other similar permanent material designating historical significance
with direct connection to the Town of Marlborough.
A sign identifying a permitted home occupation on the property
where the home occupation is located.
A sign that is supported by any type of inflation and is
either attached to a permanent structure, freestanding or tethered.
A freestanding sign with two vertical supports with horizontal
crosspieces serving as individual signs for identification.
Any sign designed to give forth light or reflect artificial
light directed at it.
EXTERNALLY ILLUMINATEDA sign illuminated with an artificial light which is separated from or is not an intrinsic part of the sign itself.
FLASHINGAn illuminated sign on which the artificial lighting is not maintained stationary and/or constant in intensity and color at all times while in use, but specifically excluding time and temperature signs which display no other text or images.
ELECTRONICAn LCD - or LED-type sign displaying a scrolling, continuous, or changing message, but specifically excluding time and temperature signs which display no other text or images.
ILLUMINATEDA sign designed to give forth any artificial light or designed to reflect such light and on which the external lighting is an integral part of the sign, such as bulbs forming letters or logos.
INTERNAL RADIATIONA sign which is illuminated as a result of electrification or radioactivity of a gaseous material or substance, such as neon.
INTERNALLY ILLUMINATEDA sign illuminated by use of an artificial light which is located within the sign structure and which depends for its illumination on transparent or translucent material.
PROJECTIONA sign in which light projected on to a surface forms the sign.
A freestanding sign with a base affixed to the ground.
A sign identifying a building in a multiple dwelling complex.
A business or professional sign identifying a professional
tenant of the site. Each sign shall be affixed to the building exterior
wall or door.
A sign containing copy that does not promote a business,
commodity, service, or commercial entertainment.
A sign or structure which directs attention to any idea,
product, business activity, service or entertainment which is conducted,
sold or offered elsewhere than upon the lot on which such sign is
situated.
Includes an individual, corporation, society, association,
partnership, trust, organization or other entity, public or private.
A freestanding sign supported by a single vertical pole.
A temporary sign which concerns candidates or issues before
the voters in connection with any national, state, or local election.
A sign, whether on its own trailer, wheels or otherwise,
designed to be movable and not permanently affixed to the ground,
a building, structure or another sign.
A freestanding sign comprised of a vertical post to which
perpendicular arm(s) may be attached and from which the sign hangs.
Any temporary sign affixed, fastened, painted or otherwise
attached to utility poles or to traffic control devices, trees, sidewalks,
curbs, retaining walls, rocks or other public property.
A sign denoting either the name or address of the resident(s)
of a residential premises or both name and address of the resident(s)
of a residential premises.
Principal sign that identifies the business or service to
the passerby.
A nonilluminated residential "garage sale," "yard sale,"
"barn sale," "tag sale," or similarly descriptive sign located fully
upon the residential property on which the sale is being conducted.
A sign attached to the building wall or structure that projects
horizontally or at a right angle more than 12 inches from the face
of the wall over the traveled way.
A sign advertising the sale, lease or rental of the premises
on which the sign is located.
A sign having individual letters and graphics constructed
of a metal face and returns (sides), a clear plastic backing, an internal
channel for neon glass and mounted one to two inches from the wall.
A sign erected on a roof or that is part of the roof.
Any material, structure or device, or part thereof, composed
of lettered or pictorial matter displaying an advertisement, announcement,
notice or name, and including any declaration, demonstration, display,
representation, illustration or insignia used to advertise or promote
the interests of any person or business or cause when such is placed
in view of the general public. However, a sign shall not include any
display of official court or public office notices nor any official
traffic control device, nor shall it include the flag, emblem, or
insignia of a nation, state, county, municipality, school, or religious
group, nor shall it include any flag containing a noncommercial message.
The area of a sign measured as follows:
Sign measurement shall be based upon entire area of the sign
with a single continuous perimeter enclosing the extreme limits of
the actual sign surface, not including structural supports if they
are not used for advertising purposes;
Unless otherwise stated, measurement of signs with two faces
shall be taken as the area of either face, provided that the faces
are either back to back or are attached at least on one side and the
angle of the attachment does not exceed 30°. The gross area of
such signs shall be determined by one side only. Both sides shall
not be accumulated for purposes of measurement of size. Where faces
are not back-to-back, or are attached at an angle exceeding 30°,
each face shall be measured individually and the cumulative amount
shall be used to determine gross area.
A sign located at the entrance to a subdivision identifying
the neighborhood or community by name.
Any sign that is displayed only for a specified period of
time and is not permanently mounted.
A sign that is painted on or attached directly to the outside
wall of a building or structural screening, with the face of the sign
parallel to the wall and having a visible edge or border extending
not more than 12 inches from the wall.
Any advertising sign displayed, affixed or painted on or
within any window, show window, or window screen that is visible from
the building exterior.
C.
Permits.
(1)
General regulations. Except as otherwise provided herein, no sign
or other advertising device shall be erected, constructed, displayed,
moved, reconstructed, extended, enlarged or altered nor shall any
person cause any sign or other advertising device to be erected, constructed,
displayed or maintained within the Town of Marlborough, except in
conformity with these regulations and, where applicable, without first
having obtained a permit from the Building Inspector.
(2)
Applicants for site plan, special use permit or subdivision approval who intend to erect signs as part of a proposed project shall submit a separate application for a sign permit to obtain approval for any proposed signs. The signs are subject to approval by the Planning Board. No approval for said signs shall be given by the Planning Board unless the procedures of this section, § 155-28, are followed.
(3)
Application and fees.
(a)
A written application shall be submitted to the Code Enforcement
Officer or Building Inspector on a form prescribed by the Town.
(b)
A plan drawing shall be included with the application showing
the location of the building, structure, or land upon which the sign
now exists or is to be erected.
(c)
An elevation drawing shall be included with the application
providing a full description of the placement and appearance of the
proposed sign showing:
(d)
Written consent from the land owner or authorized representative
if the applicant is not the owner.
(e)
Payment of the application fee for the sign permit as established
from time to time by resolution of the Town Board. The fee shall be
waived for not-for-profit, charitable, civic and religious organizations,
fire districts, and libraries.
(4)
Issuance of a permit.
(a)
Process. Upon receipt of a properly completed application for
a sign permit and fee, the Code Enforcement Officer or Building Inspector
shall examine such plans, specifications, locations and other data
submitted and, if plans submitted meet the requirements of this section
shall:
[1]
If the submitted application is for a modification to an existing
sign which is in compliance with all requirements of this section
and the Code of the Town of Marlborough and does not constitute a
change in size, location, type, or lighting, the Building Inspector
shall, within 10 days, issue a permit for the proposed changes.
(b)
Condition. All sign permits shall carry the condition that the
permitted sign shall be maintained in a safe and orderly condition.
The Building Inspector may add such other conditions as may be necessary
for the public safety and welfare.
(c)
Disapproval. In the event that plans submitted do not meet requirements
of this section, the Building Inspector shall, within 10 days, deny
the permit application and notify the applicant, in writing, of the
reason for refusal to issue a permit.
(d)
Time limit. If the authorized sign is not erected within six months of the date the sign permit is granted, the permit shall become null and void and a new application must be submitted. Notwithstanding any other provision of this section, if the sign for which a permit has been granted is part of a project for which site plan approval has been granted by the Planning Board pursuant to § 155-31 of this chapter, the sign permit shall be valid if the sign is erected before the expiration of site plan approval pursuant to § 155-31K. If the sign is not erected prior to the expiration of site plan approval, the sign permit shall become null and void, and a new application must be submitted.
(e)
Violation. If, subsequent to inspection by the Code Enforcement Officer or Building Inspector, a sign is found in violation of the conditions specified in the sign permit, the owner shall be notified, by certified mail, return receipt requested, to bring the sign into compliance with specified conditions. Failure to comply within 30 days shall be cause for revocation of the permit and removal of the sign within 10 days after written notification from the Code Enforcement Officer or Building Inspector, and upon failure to comply with such notice within the time specified in such order, the Building Inspector is hereby authorized to cause removal of such sign, and the cost of removal may be recovered in accordance with § 155-28K.
D.
General Provisions.
(1)
Prohibited in all districts. Any sign type not listed in Table 1,
2, 3, or 4[1] is not permitted in the Town. Prohibited signs include
but are not limited to:
(a)
Flashing signs.
(b)
Freestanding exterior directory signs listing business occupants
of any building, unless part of a master sign plan approved by the
Planning Board.
(c)
Inflatable signs.
(d)
Off-premises signs, including billboards, except that agricultural
signs and signs erected by the Town of Marlborough shall be allowed.
(e)
Portable signs.
(f)
Posters.
(g)
Projection signs.
(h)
Signs which have any visible moving parts, including signs that
achieve movement by action of wind currents.
(i)
Signs which, by reason of size, location, coloring, or manner
of illumination, obstruct the vision of the drivers or obstruct or
detract from the visibility or effectiveness of any traffic sign or
control device on public streets and roads.
(j)
Signs which make use of words such as "stop," "look," "one-way,"
"danger," "yield," or similar words, phrases, symbols, lights or characters
in such manner as to interfere with, mislead, or confuse vehicular
or pedestrian traffic.
(k)
Signs on public property or a public right-of-way, other than
signs erected by a governmental agency.
(l)
Signs obstructing any fire escape, means of ingress and/or egress,
or other required exit way or window.
(m)
Signs obstructing any opening required for ventilation, venting
or other access that may constitute a hazard to public health and
safety.
(n)
Sign attached to utility poles, other than utility company informational
signs.
[1]
Editor's Note: Said tables are included as attachments to this chapter.
(2)
Illumination.
(a)
Neon signs, except for reverse channel signs, are not permitted
except as window signs.
(b)
Exposed lighting sources such as bulbs, tubes, and the like
are prohibited. All ground-level, external sources of illumination
must be hidden from view by landscaping or improvements.
(c)
All lighting shall be installed so as to avoid glare. The illumination
from any sign shall not cause any reflection or glare upon a public
street, highway, sidewalk or adjacent property.
(3)
General rules by sign type.
(a)
Freestanding signs.
[1]
No freestanding sign may be located less than 50 feet from any
other freestanding sign.
[2]
Where the undisturbed ground elevation of a proposed sign location
is lower than the adjoining road, street, or highway, a freestanding
sign may be constructed so that the height of the sign is no greater
than the allowed height, as measured from the elevation of the adjoining
road, street, or highway.
[3]
For freestanding signs, height shall be measured from the ground
to the top of the sign.
[4]
For freestanding signs, area shall be determined by the measurement
of only one side, provided that the faces are either back to back
or are attached at least on one side and the angle of the attachment
does not exceed 30°.
E.
Schedule of sign regulations.
(1)
Permanent signs and temporary signs permitted without a permit. The
regulations for permanent signs allowed in all districts without a
permit are listed in Table 1.[2]
[2]
Editor's Note: Said table is included as an attachment to this chapter.
(2)
Permanent Signs Requiring a Permit. The regulations for signs requiring
a permit in each zoning district are listed in Tables 2, 3, and 4[3] as follows:
(a)
Signs requiring a permit allowed in Residential District (R),
Residential District (R-1), and for properties in the Rural Agricultural
District (R-Ag-1), see Table 2.
(b)
Signs in the Highway Development District (HD), Industrial District
(I), and for properties in the approved Business Corridor District
(BC) see Table 3.
(c)
Signs in the Commercial District (C-1), Commercial 2 District
(C-2), see Table 4.
[3]
Editor's Note: Said tables are included as attachments to this chapter.
(3)
Any sign not identified in a table for a specific zoning district
or in Table 1 is not allowed in the zoning district to which the table
refers, with the exception of signs with noncommercial messages.
F.
Master sign plan for shopping centers, business centers and office
buildings. Where four or more business establishments are planned
as integrated shopping center office or business center, the following
sign criteria shall apply:
(1)
Requirement. A master sign plan is required of establishments that
share a zoning lot, parcel, or are part of a shopping or office or
business center. The plan is a sign system to create visual unity
among the signs within the plan area and ensures compatibility with
surrounding establishments, landscaping and structures.
(2)
Process. Before any individual sign permits for the plan area are
approved, the master sign plan must be reviewed and approved by the
Planning Board and the Building Inspector. Once a master plan is approved,
changes in individual signs, in conformance with the approved master
sign plan, shall be permitted by the Building Inspector through application.
(3)
Common sign. One common freestanding sign identifying the name and
address of the shopping center, business center or office building,
is permitted. Appropriate height and size shall be determined by the
Planning Board based upon site conditions, size of lot and maximum
area and height restrictions established is Tables 1, 2, 3 or 4.[4]
[4]
Editor's Note: Said tables are included as attachments to this chapter.
(4)
Business signs. Freestanding signs may not be displayed by individual
establishments located within the center. The types of signs displayed
by each individual establishment shall adhere to a master sign plan.
Each commercial establishment may display up to two signs. The size
of such signs shall be governed by the schedule of regulations for
the zoning district in which the center is located.
G.
Design objectives. In reviewing sign applications, the Building Inspector
or Planning Board (with respect to uses requiring site plan, special
permit or subdivision approvals) shall determine that the sign will
meet the following criteria:
(1)
Signs shall be a subordinate part of the streetscape;
(2)
Whenever feasible, multiple signs shall be combined into one to avoid
clutter;
(3)
Signs shall be as close to the ground as possible, consistent with
legibility considerations;
(4)
Sign design shall be consistent with the architectural character
of the building on which it is placed and not cover any significant
architectural features on the building;
(5)
Light lettering on dark background which enhances legibility is preferred
for all signs.
H.
Maintenance requirements.
(1)
With the exception of existing nonconforming billboards which are covered in Subsection H(2) of this subsection, all signs and other advertising structures, together with all supports, braces, hooks, guys and anchors, and exposed lighting sources, shall be of substantial and sturdy construction, shall be kept in good repair, and shall be painted or cleaned as often as necessary to maintain a clean, neat, safe and orderly appearance. If a property owner or sign permit holder fails to maintain a sign, the Building Inspector or Code Enforcement Officer shall notify the property owner and the permit holder, if any, of the violation in writing, by certified mail, return receipt requested. Within 30 days of notice of violation, the property owner or permit holder shall take steps to correct same. Failure to correct the specified maintenance requirements shall be a violation of this section. The Town shall be empowered, on 30 days additional notice to the sign owner, and to the owner of the real property if different, to enter upon the subject parcel and to remedy the violations of these maintenance standards, or the Town shall be empowered to remove the sign, and the resulting costs may be recovered under Subsection K of this section.
(2)
With respect to existing nonconforming billboards, the owner of the billboard and the owner of the real underlying real property, if different, shall register name and address on forms to be provided by the Building Inspector. The Building Inspector shall be entitled to issue notices to the owner and the owner of underlying real property, if different, of the billboard by certified mail, return receipt requested, at the address(es) included within the registration. All billboards together with all supports, braces, hooks, guys and anchors, and exposed lighting sources, shall be of substantial and sturdy construction, shall be kept in good repair, and shall be painted or cleaned as often as necessary to maintain a clean, neat, safe and orderly appearance. All billboards shall be maintained and repaired in a fashion which preserves structural integrity. All vegetated and landscaped features of the parcel within a fifty-foot radius of the billboard's foundation shall be maintained; grass shall not be allowed to reach a height higher than 10 inches. All components of billboards shall be painted with a frequency which avoids blistering, peeling, or exposed underlying wood or other materials. If the billboard owner fails to maintain the billboard in accordance with these standards, the Building Inspector or Code Enforcement Officer shall notify the billboard owner and the owner of the real property, if different, of the violation in writing, by certified mail, return receipt requested. Within 30 days of notice of violation, the billboard owner shall take steps to correct same. Failure to correct the specified maintenance requirements shall be a violation of this section. With the exception of correction or repair of the message component of the billboard, the Town shall be empowered, on 30 days additional notice to the billboard owner and owner of the real property if different, to enter upon the subject parcel and to remedy the violations of these maintenance standards. The resulting costs of the Town may be recovered under Subsection K of this section.
(a)
For any billboard leased or rented for profit, that if use of
the sign is discontinued for a period of one year or more will lose
its preexisting nonconforming status and the Town shall give notice
of the removal requirement to the owner of the property where the
billboard is located and to the permit holder, if any. Notice shall
be given by certified mail, return receipt requested to the owner
of the property where the preexisting nonconforming billboard is located
and to the permit holder, if different.
(b)
If the billboard has not been removed, the Building Inspector or Code Enforcement Officer shall give written notice by certified mail, return receipt requested to the last owner of record of the real property where the sign is located and the permit holder, if any, that the billboard must be removed within 30 days from the date of the written notice. If no action is taken by the owner or permit holder within said time period, the Building Inspector or Code Enforcement Officer may cause the billboard to be removed, and the cost of removal may be recovered in accordance with § 155-28K.
I.
Nonconforming signs.
(1)
Removal of nonconforming signs.
(a)
Nonconforming signs other than billboards.
[1]
Any sign other than a billboard leased or rented for profit,
that does not conform to the provisions herein shall be deemed a nonconforming
sign and shall be removed if use of the sign is discontinued for a
period of one year or more.
[2]
The Town shall give notice of the removal requirement to the
owner of the property where the sign is located and to the permit
holder, if any. Notice shall be given by certified mail, return receipt
requested to the owner of the property where the nonconforming sign
is located and to the permit holder, if different.
[3]
If the sign has not been removed, the Building Inspector or Code Enforcement Officer shall give written notice by certified mail, return receipt requested to the last owner of record of the real property where the sign is located and the permit holder, if any, that the sign must be removed within 30 days from the date of the written notice. If no action is taken by the owner or permit holder within said time period, the Building Inspector or Code Enforcement Officer may cause the sign to be removed, and the cost of removal may be recovered in accordance with § 155-28K.
(2)
Replacement of nonconforming signs.
(a)
If there is a change in ownership in any property on which a
nonconforming sign is located, the nonconforming sign may continue
its use and shall be deemed to have existed on the effective date
of the 2017 amendments to this section, so long as such sign usage
has not been discontinued for a period in excess of one year.
(b)
Any increase in size, illumination or flashing or other nonconformity
of a sign shall not be permitted.
(c)
Any nonconforming sign that is damaged or destroyed, for a loss
of 50% or more of its value, as determined by the Code Enforcement
Officer or Building Inspector, by fire or other casualty shall not
be restored, reconstructed or replaced except by a sign that conforms
to the requirements of this section.
J.
Abandoned signs.
(1)
Any legal nonconforming sign which no longer advertises a bona fide business conducted or product available to purchase by the public on the premises shall be taken down by the owner, agent or person having beneficial use of the building or structure upon which the sign may be found within 10 days after notice of violation from the Code Enforcement Officer or Building Inspector to the property owner. Upon failure to comply within 10 days, the Code Enforcement Officer or Building Inspector is hereby authorized to cause removal of such sign. The costs of removal may be charged to the property owner pursuant to § 155-28K.
(2)
Any conforming sign that no longer advertises a bona fide business
conducted or product available to purchase by the public on the premises
shall be allowed to remain to enhance resale or rental of the premises
upon which the sign is located.
(3)
Posters are prohibited under this section. Notwithstanding any other provisions of this section, the Code Enforcement Officer and Building Inspector are authorized to remove any poster without notice. Any poster removed pursuant to this section shall be kept by the Code Enforcement Officer or Building Inspector for 30 days and then can be destroyed unless retrieved by the owner before the expiration of the thirty-day period. The costs of such removal may be charged by the Town pursuant to § 155-28K.
K.
Costs of removal of signs. At the sole discretion of the Town, the
reasonable and necessary costs incurred by the Town for removal of
any sign shall be charged against the real property from which the
sign was removed by adding that charge to and making it a part of
the next annual real property tax assessment roll of the Town. Such
charges shall be levied and collected at the same time and in the
same manner as Town-assessed taxes and shall be paid to the Town Clerk
to be applied in reimbursing the fund from which the costs of sign
removal were paid. Prior to charging such assessments, the owners
of the real property shall be provided written notice to their last
known address of record, by certified mail, return receipt requested,
of an opportunity to be heard and object before the Town Board to
the proposed real property assessment, at a date to be designated
in the notice, which shall be no less than 30 days after its mailing.
L.
Interpretation of provisions.
(1)
Legislative intent. In their interpretation and application, the
provisions of this article shall be held to be minimum requirements
adopted for the promotion of the public health, safety and general
welfare.
(2)
If any portion of this section is found to be in conflict with any
other provision of any other local law or ordinance of the Code of
the Town of Marlborough, the provision that establishes the more restrictive
standard shall prevail.
M.
Severability. If any section, clause, sentence or part of this section
shall be adjudged by any court of competent jurisdiction to be invalid
or unconstitutional, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in its operation to the
section, clause, sentence or part thereof directly involved in the
controversy in which such judgment was rendered.
[Amended 8-22-1994 by L.L. No. 2-1994; 3-8-1999 by L.L. No. 1-1999]
In the R-1 District, an applicant for a subdivision
containing more than three lots or a site plan for three or more dwelling
units may, if all lots or units are served by municipal water and
sewer, apply to the Planning Board for a residential cluster subdivision
as authorized by § 278 of the Town Law. Such application,
as proposed in a letter, shall be accompanied by sketches indicating,
in general, the plan and the area to be retained in open space or
used for other municipal purposes. If, in the opinion of the Planning
Board, such development will succeed in achieving the objectives of
the Comprehensive Plan, then the Planning Board shall request approval
from the Town Board that said open space or land resulting from the
application of lot density zoning will be accepted by the Town or
a homeowners' ownership plan approved. If said approval is not forthcoming,
the applicant may not submit a cluster plan. If the Town Board indicates
its approval, the applicant shall proceed as follows:
A.
Submission. The applicant shall proceed in accordance with the regular subdivision procedures, as provided in Chapter 134, Subdivision of Land, as they may be adopted.
B.
Standards.
(1)
Single-family detached houses.
(a)
Single-family detached houses may be grouped
in clusters, with minimum lot dimensions and setbacks corresponding
to those in the R District, when served by municipal water and sewer
systems.
|
Lot and Yard Requirements
| ||||
|---|---|---|---|---|
|
Minimum Lot Size
(square feet)
|
Minimum Lot Width
(feet)
|
Minimum Front Yard
(feet)
| ||
|
Without water or sewer
|
20,000
|
100
|
20
| |
|
With water or sewer
|
15,000
|
90
|
20
| |
|
With water and sewer
|
10,000
|
90
|
20
| |
(b)
All other yard requirements and maximum coverage
and maximum height requirements as specified in Schedule I[1] for the district in which located shall be complied with.
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
(2)
Multiple dwellings. In cases where a developer has
designed multiple dwellings, the Planning Board, after inspecting
plans and elevations, may approve minimum lot areas other than those
provided, provided that the sanitary systems are approved by the County
Health Officer, that the average density does not exceed that permitted
within the zoning district in which the land occurs or that the layout
is not detrimental to the health and general welfare of the community.
(3)
Buildings with more than two and not more than six
dwelling units shall be eligible for the multiple dwelling provisions
of residential cluster developments.
C.
Area to be dedicated. The area to be dedicated shall be not less than the difference in lot sizes that would have resulted in the application of the noncluster lot area standards as set forth in Article IV. The number of lots that would have resulted in application of noncluster standards shall be determined by submission of a sketch plan using noncluster standards.
D.
Dedicated lands, locations and uses. The Planning
Board shall have full authority to approve or disapprove the locations
and proposed uses of land required to be dedicated in accordance with
the foregoing and as guided in its decisions by this section and the
following:
(1)
Where land being developed under the authority of
this section is partly in other residence zones not included in the
provisions of this section, the Planning Board may accept, as dedicated
lands, lands which are in adjacent zones. Such a dedication, if approved,
shall dictate the adjustment of the number of lots in the area of
development and in accordance with the provisions of this section.
(2)
The Planning Board shall have full discretion as to
the location and size of the various use need areas and their distribution.
It shall not generally approve areas of less than five acres, except
when such a site is considered adequate for its specific use, and
it shall make certain that a reasonable portion of required dedicated
area shall be located so as to specifically serve the need of the
development being considered.
E.
Disposition of dedicated areas.
(1)
Dedicated areas, if accepted by the Town Board, may
be deeded to Town ownership and control for its dedicated purpose;
or
(2)
Dedicated areas may be deeded to property owners or
associations within the bounds of the original development for their
use, control and management for a club or recreational use and providing
appropriate restrictions to assure the effectuation of the purpose
of this chapter and to provide for the maintenance and control of
the area. Every effort shall be made, if nonTown ownership is approved,
to place development and maintenance responsibility upon the property
owners within the bounds of the development. Upon failure to maintain
an orderly open space, the Town may and can perform such maintenance
and assess the cost to the responsible property owner or owners.
F.
Rights of owner. Proposals in accordance with this
section shall only be approved by the Planning Board, as above regulated,
if the lesser requirements will promote the public health, safety
and morals and general welfare and will enhance property values within
the area of development and the Town of Marlborough. Nothing herein
shall be construed as requiring a developer to elect this means of
developing his tract.
[Added 11-13-1995 by L.L. No. 5-1995]
Application may be made to the Planning Board
for a residential cluster development which provides affordable senior
citizen housing whose residential units contain one bedroom or fewer
and are served by municipal water and sewer systems.
A.
Lot, yard and density regulations.
(1)
The minimum project area shall be three acres,
with a minimum lot width of 200 feet.
(2)
Residential units may be attached or detached
with designs to be approved by the Planning Board and consistent with
density requirements.
(3)
Multiple dwellings shall be consistent with lot, yard and height requirements for multiple dwellings in § 155-30.
(4)
Maximum density shall be 10 units per acre.
B.
Planning Board review. Required information and Planning Board review shall be as set forth in § 155-31, Site plan review.
C.
Proof of affordability. Compliance with affordability,
as defined herein, shall be furnished by the applicant.
[Added 3-25-1996 by L.L. No. 1-1996]
Kennels, where permitted, shall comply with
the following:
A.
Minimum lot area shall be 10 acres.
B.
Building enclosures shall be located on the lot a minimum distance of 200 feet from any property line and in other respects in accordance with § 60-5G.
[Amended 5-9-2011 by L.L. No. 3-2011]
C.
Building enclosures for animals shall be soundproofed to comply with the requirements of § 60-5B.
E.
Animals may be permitted outside of building enclosures
between the hours of 8:00 a.m. and 6:00 p.m.
F.
Kennels shall be licensed annually. Failure to comply
with the above conditions shall be cause for revocation or nonrenewal
of the license.
[Amended 6-26-1995 by L.L. No. 4-1995; 5-27-2003 by L.L. No.
2-2003; 5-9-2011 by L.L. No. 3-2011]
Application may be made to the Planning Board for the development of multiple dwellings with restrictions in addition to those normally applicable to the zone as follows, except as modified by the Planning Board during subdivision review pursuant to § 134-9.
A.
Lot, yard and density regulations.
(1)
R District.
(a)
Minimum lot area shall be three acres, with
a minimum lot width of 200 feet.
(b)
Maximum lot coverage shall be 15%.
(c)
Lot shall be served by and utilize public water
and sewer.
(d)
Setbacks for front yard shall be 40 feet, each
side yard 30 feet and rear yard 30 feet.
(e)
Maximum density shall be six dwelling units
per acre.
(2)
R-1 District.
[Added 8-25-2014 by L.L. No. 1-2014[1]]
(a)
Minimum lot area shall be 10 acres.
(b)
Lots shall be served by and utilize public water and sewer.
(c)
Setbacks for front yard shall be minimum 75 feet, each side
yard shall be minimum 75 feet and rear yard shall be minimum 75 feet.
(d)
Maximum density shall be six dwelling units per acre.
(e)
Extension of a public water or sewer service area shall not
burden an existing water or sewer district with any cost or debt associated
with the extension.
(3)
C-1 District.
[Added 9-24-2018 by L.L.
No. 5-2018]
(a)
Minimum lot area shall be 5,000 square feet.
(b)
Lots shall be served by and utilize public water and public sewer.
(c)
Setbacks for front yard shall be minimum five feet, each side yard
may be zero feet, and rear yard shall be minimum 20 feet.
(d)
Notwithstanding the design standards in Subsection B, maximum density shall be four dwelling units over a ground-floor retail commercial use. The maximum number of four-dwelling units may be of two-story design.
(e)
Notwithstanding other provisions found within Chapter 155, and notwithstanding design standards set forth within Subsection B, adjacent buildings may be connected to provide multiple dwellings over ground-floor retail commercial uses in order to share infrastructure such as a common elevator or other common infrastructure, subject to Planning Board approval.
(f)
Extension of a public water or public sewer service area shall not
burden an existing water or sewer district with any cost or debt associated
with the extension.
B.
Design standards.
(1)
Maximum units per structure. No more than eight units
shall be contained in a building, and no more than 24 units shall
be contained in a single structure, except in the case of adult multiple
dwellings, as defined, where the Planning Board, without modifying
height or density requirements, permits variations in design due to
special site conditions or occupant needs. Exclusively for purposes
of this design standard, a building shall be deemed a portion of a
multiple-dwelling structure which is formed by division by such things
as archways or breezeways, or by a fire wall within the meaning of
this state's uniform building and fire code.
[Amended 6-13-2016 by L.L. No. 1-2016]
(2)
Minimum distances between structures in all zones
(except C-1 and R). Where there are two or more structures on a single
lot devoted to multiple dwellings, the minimum distance between structures
shall be 1 1/2 times the height of the highest structure.
[Amended 6-13-2016 by L.L. No. 1-2016; 4-11-2022 by L.L. No. 2-2022; 9-26-2022 by L.L. No. 8-2022]
(3)
Off-street parking. The minimum number of off-street parking spaces provided per dwelling unit shall be as established by Table 1, § 155-27, of this chapter.
(4)
For
properties of twenty acres of more, the minimum distances between
structures for multi-family dwellings where there are two or more
structures on a single lot devoted to multiple dwellings, the minimum
distance between structures (foundations) shall not be less than 15
feet and shall follow the New York State Residential Building Code.
[Added 11-13-2023 by L.L. No. 5-2023]
[Amended 8-22-1994 by L.L. No. 2-1994; 3-8-1999 by L.L. No. 1-1999; 9-14-2009 by L.L. No. 6-2009]
A.
Purpose. The purpose of this section is to provide regulations governing
the applicability, submission requirements, standards for review and
design, and due process for site plan review and approval. The intent
is to ensure that the development and use of individual parcels of
land do not have an adverse effect on adjacent lands or on the character
of the community. Such regulations are designed to ensure that the
proposed use will be in harmony with the appropriate and orderly development
of the district in which it is proposed and that its impacts can be
mitigated by compliance with reasonable conditions. The regulations
are also designed to ensure that new development conforms with the
Town's planning goals and objectives as expressed in its Comprehensive
Plan.
B.
Applicability.
(1)
Site plan approval by the Planning Board in accordance with this
section is required for the proposed use or changes in use of land,
buildings, and other structures for:
(a)
All special uses cited in § 155-12, Use regulations, or identified herein, other than short-term rental, bed-and-breakfasts and home occupations, which are subject to minor site plan approval.
[Amended 4-12-2021 by L.L. No. 2-2021]
(b)
New principal uses and accessory uses, except for one- and two-family
dwellings and related accessory uses.
(c)
Expansion and change of uses. Site plan review and approval
shall be required for a change of use, an expansion of a use or a
more-intensive use when such change or expansion shall result in increased
water supply, sewage disposal, stormwater runoff management, parking
needs, or traffic generation, such determination to be made by the
Building Inspector or Code Enforcement Officer. A building permit
and certificate of occupancy shall not be issued for such uses or
buildings without first obtaining approval from the Planning Board.
(2)
Approval required. Where site plan approval is required by this chapter,
no building permit and, in the case of a change of use, no certificate
of occupancy shall be issued by the Building Inspector until such
a plan shall have been approved by the Planning Board. No certificate
of occupancy shall be issued for such premises until all of the requirements
of the Planning Board's approval, including any conditions attached
thereto, shall have been met.
(3)
Continued conformance required. Continued conformance with such plan
and requirements, including the maintenance of all improvements, shall
be a condition of the continued validity of the site plan approval
and the certificate of occupancy.
(4)
Approval of revised plan. Revisions of such plans shall be subject
to the same approval requirements as a new application, except to
the extent those requirements are waived or reduced by the Planning
Board.
C.
Preliminary conference with applicant. For all site plan applications
which exceed the following thresholds, the first meeting with the
Planning Board, prior to the submittal of an application, shall consist
of a conference between the Planning Board and the applicant to advise
on the feasibility of a project:
[Amended 5-9-2011 by L.L. No. 3-2011]
(1)
Residential
projects consisting of 50 or more units to be served by private water
and sewer supply;
(2)
Residential
projects consisting of 250 or more units to be connected to municipal
sewer and water supply; and
(3)
Nonresidential
facilities consisting of 100,000 or more square feet of gross floor
area. A preliminary conference is optional for all other applications.
A fee will be requested for this service. The review and consultation
will be non-binding.
D.
Conceptual
site plan. The Planning Board shall be limited to a review of the
basic concept of the proposal to resolve problems the applicant may
have with meeting the Town’s requirements during the formal
consideration process. The conceptual site design (sketch) plan shall
show the following:
[Added 5-9-2011 by L.L. No. 3-2011[1]]
(1)
An
area map and a high resolution aerial photograph keyed to the real
property maps, showing the parcel under consideration and all properties,
subdivisions, roads, and easements within 500 feet of the boundaries
thereof. (NOTE: An example of an acceptable aerial photograph includes
a photograph from Google Earth™ mapping service.)
(2)
A
map of the site showing approximate location of:
(a)
Lot lines;
(b)
Approximate lot measurements;
(c)
Existing and proposed streets or other accessways;
(d)
Proposed location of future roadway connections between the subject
parcel and adjacent parcels;
(e)
Location and dimensions of existing and proposed structures and paved
areas;
(f)
Proposed ingress and egress of the site;
(g)
Site topography;
(h)
Significant natural and historic features, including floodplains,
outcrops, soils, watercourses and water bodies, significant habitat
areas, or known endangered species occurrences and wooded areas. In
addition, agricultural districts, farm operations, sites nominated
or on the state or national registers for historic places, sensitive
archaeological areas, and coastal zone boundaries should also be shown;
(i)
Photographs of the site and buildings thereon; and
(j)
Any other similar descriptive data to clarify the proposed project.
(3)
A
compilation of known environmental data in relation to the project
site and in relation to property within 500 feet of the project site.
The compilation shall consist of a narrative summarizing the known
environmental data, and copies of any and all previous reports, studies,
findings and documents, prepared by any person, consultant or agency.
If the supporting reports, studies, findings and documents are in
excess of 50 pages, it is preferred that this submission be made in
digital form.
(4)
A
digital copy of the conceptual site design (sketch) plan shall be
submitted in PDF format.
[1]
Editor's Note: This local law also provided for the redesignation
of former Subsections D through M as E through N, respectively.
E.
Required site plans. A complete application for site plan approval
shall be made in writing to the Planning Board and shall be accompanied
by 12 copies of plans. Only complete applications for site plan review
shall be considered for approval. Site plans shall be prepared by
a licensed professional engineer, architect, land surveyor or landscape
architect, shall refer to specific data sources, and shall include
the following information:
(1)
Application form: a completed application on forms prescribed by
the Planning Board.
(2)
A location map, at a scale of 2,000 feet to the inch or larger, showing
the applicant's entire property and all easements and streets and
existing structures within 500 feet of the applicant's property as
well as the Tax Map and section of USGS mapping.
(3)
Briefing document. The applicant shall submit a briefing document,
which should be no more than five pages, addressing in narrative form
the following issues:
(a)
A description of the proposed project;
(b)
[2]A description of whether the site design includes the possibility
for interconnections with adjoining sites and, if no such interconnection
is provided, a thorough narrative as to why an interconnection is
not feasible;
[2]
Editor's Note: Former Subsection E(3)(b), regarding design
philosophy and goals, was repealed 5-9-2011 by L.L. No. 3-2011. This
local law also provided for the redesignation of former Subsection
E(3)(c) through (e) as E(3)(b) through (d), respectively.
(c)
An analysis of how the project complies with the requirements contained within this Chapter 155, Zoning; and
(d)
An identification of any waivers or variances needed.
(4)
Site plan. The detailed site plan shall show at least the following
information:
(a)
Title of the drawing, including the name and address of the
owner of record, applicant, and licensed professional(s) responsible
for the preparation of such drawing, including seal and signature.
(b)
North arrow, scale and date.
(c)
Boundaries of the property with surveyed dimensions.
(d)
Names of all owners of record adjacent to the applicant's property.
(e)
Existing school district (if applicable), zoning district, and
overlay district boundaries (if applicable), within 500 feet of the
site's perimeter.
(f)
Acreage of each distinct existing and proposed land use on the
applicant's property, and the proposed density of each if residential
uses are proposed.
(g)
Grading and drainage plan showing existing and proposed contours
with intervals of two feet extending 50 feet beyond the tract. If
any portion of the parcel is within a one-hundred-year floodplain
as determined by the Federal Emergency Management Agency (FEMA), the
area will be shown and base flood elevations given.
(h)
Location and boundaries of all existing natural land features
on the property, including rock outcrops, isolated trees 12 inches
or more in diameter at breast height (dbh) and all trees over 24 inches
in dbh (whether isolated or in a forested area), existing vegetative
and forest cover, orchards, hedgerows and other ornamental landscaping,
stone walls, soil types and boundaries, active farmlands, visually
prominent agricultural landscape features, such as fields, pastures,
and meadows on knolls and hilltops, woodlands along roadways, property
lines, and streams, steep slopes in excess of 15%, and water sources.
Water sources include ponds, lakes, wetlands and watercourses, primary
aquifers and primary aquifer recharge areas, floodplains, and drainage
retention/detention areas. The plan shall show locally significant
trees which include rare or unusual species, trees associated with
historic events or persons, or trees that significantly contribute
to a unique scenic viewshed.
(i)
Location of all existing buildings, structures, signs, and agricultural
lands, on adjacent property within 100 feet of the subject lot lines.
(j)
Location, proposed use, height, and setback measurements of
all existing and proposed buildings, structures and signs on the applicant's
property, including floor plans, and plans for exterior elevations,
at a scale of 1/4 inch equals one foot, showing the structure's mass
and architectural features, and indicating the type and color of materials
to be used. A table indicating square footage of building areas to
be used for a particular use, such as retail operation, office use,
warehousing, or other commercial activity; maximum number of employees;
maximum seating capacity, where applicable; and number of parking
spaces existing and required for the intended use.
(k)
Traffic flow patterns within the site, entrances and exits,
the location of potential interconnections between the project site
and adjoining sites, truck/commercial vehicle loading and service
areas, curb cuts on the site and within 100 feet of the site, and
all streets which are either proposed, mapped or built.
(l)
Any cross-access easements, walkways and bicycle path opportunities
associated with the project.
(m)
The location, design and construction materials of all off-street
parking areas (open and enclosed, if any), including the number of
parking spaces required and to be provided. The Planning Board shall
encourage the provision of parking areas using alternative paving
materials, such as pervious pavement or paving blocks where the interstices
are filled with sod, or through parking reserve areas which may not
be constructed until and unless demand is evident.
(n)
The location, design and construction materials of all present
and proposed walkways, bicycle paths and racks, benches, ramps, outdoor
storage or display areas, retaining and/or landscaping walls and fences.
(o)
A general and conceptual landscape plan showing proposed changes
to existing natural land features. Trees to be saved shall be noted
on site plans, and appropriate measures shall be outlined to protect
the tree stock from damage during construction. More-precise landscaping
plans may be required by the Planning Board during the review process,
including size and type of plant material, and the number, size, types
and locations of all trees, shrubs and ground covers to be added.
(p)
The location, design and construction materials of all existing
and proposed utility systems, including:
[1]
Water supply system.
[2]
Sewage disposal.
[3]
Telephone, cable and energy systems, including electric, oil,
gas, solar or other energy system.
[4]
Storm drainage system, including but not limited to existing
and proposed drain lines, culverts, catch basins, headwalls, endwalls,
manholes, and drainage swales.
(q)
The location of fire and emergency accessways and zones, including
the location of fire hydrants or of the nearest alternative water
supply for fire emergencies.
(r)
The location, type, and screening details for solid waste disposal
facilities and containers.
(s)
The proposed location, height, orientation, type of illuminating
device, bulb type and wattage, and photometric data of all outdoor
lighting fixtures.
(t)
The location, height, size, materials, design, and illumination of all present and proposed signs and other advertising or instructional devices, as required in § 155-28.
(u)
Estimates of noise generation at the source and property line.
(v)
Inventory and quantity of hazardous materials anticipated for
on-site storage and/or use, if applicable.
(w)
Plans for the disposal of construction and demolition, waste,
whether on-site or at a New York State approved solid waste management
facility.
(x)
Parks and open space.
[1]
General. In accordance with § 274-a of the Town Law,
the Planning Board may require either the reservation of land for
park or recreational purposes or payment of a fee to a trust fund
to be used for purchase and/or development of recreational sites within
the Town.
[2]
Reservation of land. The Planning Board may require the reservation
of land for a park or recreational purposes to be reserved on the
plat, but in no case to be more than 10% of the gross area of the
subdivision. The location of such reservation shall be in accordance
with the Comprehensive Plan or otherwise where the Planning Board
shall deem such reservation to be appropriate. In general, such reservations
should have an area of not less than two acres.
[3]
Payment of fee. Where the Planning Board deems that the reservation
of land would be inappropriate, it may waive the requirement of land
reservation on the condition (said condition to be incorporated as
a requirement within the conditions attached by the Planning Board
to site plan approval) that the applicant deposit a cash payment in
lieu of land reservation with the Town Clerk. Such payment shall be
placed in a trust fund to be used exclusively for the purchase and/or
development of neighborhood sites for parks, playgrounds or other
recreational purposes. Final approval is contingent on this fee.
[4]
Subdivisions of a clustered design in which 75% of the development
site will be perpetuated as open space by a homeowners' association
shall be exempt the requirements of this subsection.
(y)
For projects involving more than one phase, a site plan showing
each phase of the project.
[Amended 5-9-2011 by L.L. No. 3-2011]
(z)
Proposed days and hours of operation.
(aa)
Supporting materials. The following materials shall be submitted:
[1]
A copy of the deed to the property as most recently filed and/or
a copy of the executed contract of sale.
[2]
A copy of each covenant, easement or deed restriction in effect
or intended to cover all or part of the tract.
[3]
Enforceable map notes of stormwater drainage, utility rights-of-way,
etc.
[4]
Identification, and submittal when available, of all necessary
permits from federal, state, county or local agencies, approvals required
from said agencies for the project's execution, and proof of special
permit and/or variance approvals if applicable.
[Amended 5-9-2011 by L.L. No. 3-2011]
[5]
Additional information. At the request of the Planning Board,
any other pertinent information as may be necessary to determine and
provide for the proper enforcement of specific provisions of this
chapter shall also be provided.
[6]
Environmental review. An application for site plan review and
approval shall also be accompanied by a short or full EAF, or a draft
EIS, as required by the lead agency under the Environmental Conservation
Law.
(5)
A digital copy of the proposed site plan shall be submitted in PDF
format.
F.
The Planning Board may waive or allow deferred submission of any of the information required in Subsection D above, as it deems appropriate to the application. Such waivers shall be discussed in the briefing document to be submitted by the applicant. The Planning Board shall issue a written statement of waivers granted on a project. This statement shall be filed in the permanent record of the property.
G.
Standards for review and design. The purpose of good site design
is to create a functional and attractive development, to minimize
adverse impacts, and to ensure that a development project will be
an asset to the community. To promote this purpose, the Planning Board,
in reviewing site plans, shall consider the standards set forth below.
Such standards are intended to provide a framework within which the
developer must recognize and be responsive to the Town's rural, scenic
and historic qualities, and all other elements of its community character,
but which also allows the designer of the development to exercise
creativity, invention and innovation. The Planning Board may require
submission of alternative design and layout proposals based on the
standards in this section.
(1)
The site design will be reviewed with consideration of the existing
and planned development of contiguous lands and adjacent neighborhoods.
[Amended 5-9-2011 by L.L. No. 3-2011]
(2)
The site design will seek to minimize material adverse effect upon
the desirability of such neighborhoods for the uses contemplated by
this chapter.
[Amended 5-9-2011 by L.L. No. 3-2011]
(3)
The site design will be consistent with provisions of the Town of
Marlborough Comprehensive Plan and its land use regulations and other
local regulations. Existing violations of local laws and regulations
shall entitle the Planning Board to withhold or suspend review of
an application for site plan approval until the violation(s) are remedied.
(4)
The site design shall reflect an awareness of and sensitivity to
the views, terrain, soils, plant life, and other unique qualities
of the site. To the maximum extent practicable, development shall
be located to preserve the natural features of the site and to avoid
wetland areas, steep slopes, significant wildlife habitats and other
areas of environmental sensitivity. The placement and design of buildings
and parking facilities shall take advantage of the site's topography,
existing vegetation and other pertinent natural features and shall,
to the maximum extent practicable, preserve and enlarge upon these
assets for recreation, scenic, or conservation purposes.
(5)
Relationship of buildings and site to adjoining areas. Site plans
involving nonresidential uses proposed adjacent to a residential district
or residential uses shall be reviewed with regard to the impact of
the development on such residential district or residential use. The
Planning Board shall encourage the use of a combination of landscaping,
buffers, berms, screens, visual interruptions, and common building
materials to create attractive transitions between buildings of different
architectural styles and uses.
(6)
Building design.
[Amended 5-9-2011 by L.L. No. 3-2011]
(a)
Individual buildings shall relate to each other where practical
and feasible in lot placement, scale, and height. In the event that
adjoining properties or the area surrounding the new development include
traditional structures or land development deemed of significance
and value to community character, new individual buildings shall relate
where practical and feasible to the lot placement, scale, height and
other elements.
(b)
Rooftop and ground-level mechanical equipment shall be screened
from public view to the maximum extent practicable.
(c)
New structures shall be sited and located to take advantage
of solar access insofar as practical.
(7)
Parking and loading facilities. Parking and loading facilities shall be planned and developed in accordance with § 155-27. Parking areas should be placed at the rear and/or side of principal buildings so they are not visible from public roads. Where site limitations necessitate that parking areas be located adjacent to a public road, a berm, field stonewalls, solid fence or evergreen hedge at least 30 inches in height above grade at the time of planting shall be installed to screen the view of parking areas from the road or street. Existing vegetation, which is proposed for preservation, may also be used to screen the view of parking areas.
(8)
Access.
(a)
All entrance and exit driveways shall be located with due consideration
for traffic flow so as to afford maximum safety to traffic on public
streets.
(b)
Similar land uses shall provide, wherever practical, cross access
between properties to reduce the number of curb cuts, limit the amount
of traffic on the main arterial or collector street fronting the development,
reduce turning movements onto state and county roads, and provide
logical extensions of the local road system. The Planning Board may
require individual developers to construct a site layout that facilitates
cross access to adjacent sites.
(c)
Similar land uses shall provide, wherever practical, joint access
to arterials or collector streets fronting the development to minimize
disruption of traffic flow, reduce potential points of conflict between
through and turning traffic, and facilitate the control and separation
of vehicles and pedestrian movement. The Planning Board may require
individual developers to construct a site layout that facilitates
future joint access in anticipation of future adjacent development.
(d)
All buildings shall be reasonably accessible to emergency vehicles.
If the Planning Board deems it necessary, it shall refer the application
to the applicable emergency services providers for comment on the
proposed access arrangements.
(9)
On-site circulation.
[Amended 5-9-2011 by L.L. No. 3-2011]
(a)
On-site roadways, pedestrian walks and bicycle paths shall be
designed to permit the safe, efficient and convenient movement of
vehicles, pedestrians, and bicyclists on site and shall provide for
safe connection with streets and adjoining properties where appropriate.
(b)
Landscaped and graded pedestrian walkways, shall be provided
along the lines of the most-intense use, particularly from building
entrances to streets, parking areas, and adjacent buildings, and shall
be separated from motor vehicle circulation.
(c)
Handicapped persons. For any use to which the public is expected
to visit, the plan shall make proper provision for buildings and site
developments that are accessible to and functional for physically
disabled persons, as required in the International Building Codes
and other applicable state and federal laws.
(10)
Drainage.
(a)
The proposed development shall be designed to provide for proper
surface water management through a system of controlled drainage that
preserves existing drainage patterns, protects other properties and
public roadways, and mitigates water quality impacts to the greatest
extent practical. Drainage plans shall be reviewed by the Town Engineer
prior to approval.
[Amended 5-9-2011 by L.L. No. 3-2011]
(b)
Provision shall also be made for the protection or improvement
of existing watercourses, channels and other drainage systems, on
the lot or downstream from the lot, as needed to accept the proposed
drainage discharge, based on sound design criteria under good engineering
practice, taking into account the drainage requirements of the entire
watershed in which the lot is located.
(11)
Erosion and sedimentation. Provision shall be made for control
of erosion and sedimentation and for avoiding siltation of streams
and wetlands, both during construction and upon completion.
[Amended 5-9-2011 by L.L. No. 3-2011]
(12)
Sanitation. Proper provision shall be made for the water supply
and sewage disposal requirements of the proposed use. Central water
supply and/or sewage disposal systems and private on-site systems
shall be designed and constructed in accordance with applicable local,
county and/or state law. In addition, provision shall be made for
the collection, storage and disposal of solid wastes accumulated in
connection with the proposed use and for control of litter by means
of receptacles, fences or other means.
(13)
Fire protection. Proper provision shall be made for fire protection,
taking into account any recommendations of the Fire District Board
of Commissioners, and including the following:
(a)
Suitable location for and access to fire hydrants and/or fire
ponds and other water storage.
(b)
Suitable access to buildings and storage areas for operation
of fire protection vehicles and equipment.
(c)
Sufficient controls on traffic and parking to permit access
by fire protection vehicles in emergencies.
(d)
Adequate circulation driveways within the lot, coordinated with
access to other lots, to permit access by fire protection vehicles.
(14)
Lighting. The location, height, design, arrangement and intensity
of outside lighting, including the illumination of signs, shall minimize
glare. Such lighting shall also avoid creating hazards to traffic
and shall conform to the neighborhood lighting patterns.
[Amended 5-9-2011 by L.L. No. 3-2011]
(16)
Noise. Structures shall be located, constructed, and insulated
to prevent on-site noise from interfering with the use of adjacent
properties. Similarly, buildings shall be situated to prevent off-site
noise from intruding on new development. Methods for reducing noise
shall be used where appropriate, and shall include fencing, walls,
and natural buffers, such as berms and landscape plantings.
[Amended 5-9-2011 by L.L. No. 3-2011]
(17)
Landscaping and screening.
[Amended 5-9-2011 by L.L. No. 3-2011]
(a)
The site plan shall integrate the various elements of site design,
including landscaping, which preserve and enhance the particular features
of the site and surroundings. All areas for off-street parking, vehicle
loading, driveways, sidewalks and any other paved areas shall be suitably
landscaped. If not disturbed by filling, grading, excavation or other
construction activity, the landscaping may be left as natural terrain
when having a character and vegetative cover that supports the overall
landscaping plan.
(b)
Landscape plantings of shrubs, ground cover, shade trees, perennials
and annuals and other materials, such as rocks, water features, sculpture,
walls, fences, paving materials and outdoor furniture, shall be encouraged
to create pedestrian scale spaces and to maintain landscape continuity
within the community. This shall be accomplished through the use of
native plant and rock material.
(c)
The preservation of existing landscape features such as wetlands
and woodlots should be encouraged as a design.
(d)
Landscaping should be considered for use to create boundaries and transitions between areas of differing development intensities as well as to separate areas of incompatible land uses. A buffer zone thickly planted with native trees and shrubs of sufficient width to entirely screen a nonresidential use from a neighboring residential use shall be considered. A buffer zone shall be provided on any residential development occurring adjacent to a farm as provided for under § 155-52.
(e)
Open space shall be an integral part of the overall site design.
(f)
Parking facilities shall be landscaped and screened from public view.
To promote this purpose, the Planning Board shall consider the standards
set forth in the Town of Marlborough Design Guidelines, as they may
be adopted.
(g)
Solid waste facilities and containers, outdoor service areas, and
loading docks shall be screened around their perimeter from the street
and from other adjacent residential areas.
(h)
All playground areas shall be reasonably screened from the view of
the adjacent residential lots and streets.
H.
Public hearing. The public hearing shall be conducted within 62 calendar
days of the Planning Board's determination that the application is
complete. The Planning Board, by resolution at a stated meeting, shall
fix the place, date, and time of the public hearing. The Planning
Board shall be responsible for publication of the public hearing notice
in the official newspaper at least five days before the date of such
hearing. This notice shall include a general description of the proposal
which is the subject of the application and shall identify the applicant
and the location of the proposal. Notice shall also be posted on the
bulletin board of the Town Hall at least five days prior to the date
of the hearing. The Planning Board shall mail notice of the hearing
to the applicant at least 10 days before such hearing.
I.
Planning Board action on site plan. Within 62 days of the receipt
of a completed application for site plan approval or within 62 days
of the close of a public hearing, whichever shall last occur, the
Town Planning Board shall act on the site plan application.
(1)
Action by resolution.
(a)
The Town Planning Board shall act by resolution to either approve,
disapprove, approve with conditions or approve with modifications
the site plan application. A copy of the resolution shall be filed
in the Town Clerk's office and mailed to the applicant within five
business days of the Town Planning Board's action. A resolution of
either approval or approval with modifications shall include authorization
to the Town Planning Board Chairman to stamp and sign the site plan
upon the applicant's compliance with the submission requirements stated
herein.
(b)
If the Town Planning Board's resolution includes a requirement
that modifications be incorporated in the site plan, conformance with
said modifications shall be considered a condition of approval. If
the site plan is disapproved, the Planning Board's resolution shall
state specific reasons for such decision. In such a case, the Town
Planning Board may recommend further study of the site plan and resubmission
to the Town Planning Board after it has been revised or redesigned.
(2)
Submission requirements for stamping. After receiving site plan approval,
with or without modifications, from the Town Planning Board, the applicant
shall, within six months, submit six prints. The site plan submitted
for stamping shall conform strictly to the site plan approved by the
Town Planning Board, except that it shall further incorporate any
revisions or other modifications required by the Town Planning Board
and shall be accompanied by the following additional information:
(a)
A record of application for any and all necessary permits from
federal, state and county officials.
(b)
Detailed sizing and final material specifications of all required
improvements.
(c)
An estimated project construction schedule and, if a performance
guaranty is to be provided by the applicant for all or some portion
of the work, a detailed site improvements cost estimate.
(d)
A digital copy of the site plan submitted for stamping, including
any revisions or other modifications required by the Town Planning
Board, shall be submitted in PDF format.
(3)
Effect of stamping by the Town Planning Board. Upon stamping and
signing by the Chairman, the Town Planning Board shall forward a copy
of the approved site plan to the Code Enforcement Officer/Building
Inspector and the applicant. The Code Enforcement Officer / Building
Inspector may then issue a building permit or certificate of occupancy
if the project conforms to all other applicable requirements.
J.
Reimbursable costs. Reasonable costs incurred by the Town Planning Board for professional consultation fees or other expenses in connection with the review of a proposed site plan shall be defrayed by the applicant. Such escrow-based reimbursable costs shall be in addition to the fees required in § 155-47 herein.
K.
Expiration of approval. Site plan review and approval shall be void
if construction is not started within one year and completed within
four years of the date of the final site plan approval. Each of these
respective periods of expiration may be extended in the Planning Board's
discretion for up to three additional periods of one year each. The
Planning Board's authority to extend the respective periods of expiration
shall apply to any project which requested such an extension, in writing,
filed with the Town no later than on or after January 1, 2008.
[Amended 2-26-2024 by L.L. No. 2-2024]
L.
Performance bonds. The applicant may be required to post performance
bonds pursuant to this chapter in sufficient amounts and duration
to assure that all streets or other public places shown on the site
plan shall be suitably graded and paved and that street signs; sidewalks;
streetlighting standards; curbs; gutters; street trees; required improvements
to existing streets and intersections; water mains; fire alarm signal
devices, including necessary ducts and cable or other connecting facilities;
sanitary sewers; and storm drains shall all be installed in accordance
with standards, specifications and procedures acceptable to the appropriate
Town departments.
M.
Density. When a density calculation is to be made for the purposes
of site plan review, it will be a net density calculation.
N.
Required referral. Prior to taking action on the site plan, the Town
Planning Board shall refer the site plan, when applicable, to the
Ulster County Planning Board for advisory review and a report in accordance
with §§ 239-1 and 239-m of the General Municipal Law.
O.
Minor site plan review.
[Added 4-12-2021 by L.L. No. 2-2021]
(1)
Applicability.
Minor site plan approval in accordance with this subsection is required
for the proposed use of a structure as a short-term rental unit, bed-and-breakfast,
or home occupation.
(3)
The
Planning Board's review of an application subject to minor site plan
review is limited to findings that the proposed use complies with
applicable zoning standards, conforms with the Town's planning goals
and objectives as expressed in the Comprehensive Plan, and is sufficiently
served by services, utilities and infrastructure.
(4)
Minor
site plan application requirements. The application requirements shall
include, but not be limited to, the following:
(a)
Submission of an application for minor site plan approval on forms
prescribed therefor and payment of the required fee as established
by the Town Board.
(b)
A narrative description of the proposed project, addressing its scope
of operation, purpose, justification and impact on the immediate area
and Town in general and including the following:
[1]
The address of the site.
[2]
The name of the applicant.
[3]
Site zoning.
[4]
The name of the proposed business (if applicable).
[5]
A description of the existing site and use.
[6]
A description of the intended site development and use.
[7]
Anticipated impacts on services (i.e., traffic, water, sewer).
[8]
The impact on adjoining property (i.e., noise, visual, drainage,
other).
[9]
The proposed gross floor area.
[10]
The number of parking spaces.
[11]
The number of employees (if applicable).
[12]
Hours of operation.
(c)
A site plan outlining the proposed design showing:
[1]
Address of the property.
[2]
Boundary lines of property.
[3]
Names and uses of all adjoining property owners.
[4]
Location and names of existing streets.
[5]
Existing zoning district.
[6]
Existing and proposed buildings and other improvements.
[7]
Existing and proposed parking.
[8]
Number of parking spaces and analysis of parking requirement.
[9]
Access.
(d)
Any other information, document, or material required elsewhere in
this chapter in respect of short-term rentals, bed-and-breakfasts
and home occupations.
(5)
The Planning Board may waive or allow deferred submission of any of the information required in Subsection O(4) above, as it deems appropriate to the application. The Planning Board shall issue a written statement of waivers granted on a project, which statement shall be filed in the permanent record of the property.
[Amended 8-22-1994 by L.L. No. 2-1994; 9-14-2009 by L.L. No.
6-2009]
All special uses prescribed in § 155-12 of this chapter, or otherwise identified as special uses herein, shall be subject to review and approval of a special use permit by the Planning Board in accordance with the standards and procedures set forth in this section. A special use means one requiring a special use permit.
A.
All special uses shall be subject to the additional review and approval requirements of § 155-31 dealing with site plan review.
B.
Required fees. A complete application for site plan and/or special permit review and approval shall be accompanied by the applicable fees and escrow deposits in accordance with the fee schedule of § 155-47, Development Fees. The Planning Board requires professional review of the application by its designated planning, engineering, legal or other consultants, and such reviews are paid for by means of the escrow deposits.
C.
Public hearing and notice.
(1)
The Planning Board shall not authorize any use requiring special
permit approval without first holding a public hearing at which interested
parties and citizens shall have an opportunity to be heard. The public
hearing shall be conducted within 62 calendar days of the Planning
Board's determination that the application is complete. The Planning
Board, by resolution at a stated meeting, shall fix the place, date,
and time of the public hearing.
(2)
The Planning Board shall be responsible for publication of the public
hearing notice in the official newspaper at least five days before
the date of such hearing. This notice shall include a general description
of the proposal which is the subject of the application and shall
identify the applicant and the location of the proposal. Notice shall
also be posted on the bulletin board of the Town Hall at least five
days prior to the date of the hearing.
(3)
The applicant shall mail copies of the public hearing notice, at
least five days prior to the public hearing, to the owners of the
property abutting that held by the applicant in the immediate area,
whether or not involved in such application, and all other owners
within 500 feet, or such additional distance as the Planning Board
may deem advisable, from the exterior boundaries of the land involved
in such application, as the names of said owners appear on the last
completed assessment roll of the Town. Such notice shall be by certified
mail, and, at the discretion of the Planning Board, the Secretary
of the Planning Board or the applicant shall furnish proof of compliance
with the notification procedure, all costs required and fees assessed
by the Secretary of the Planning Board to be borne by the applicant.
(4)
If the land involved in any application lies within 500 feet of the
boundary of any other municipality, the Town Clerk shall also transmit
to the Municipal Clerk of such other municipality a copy of the official
notice of public hearing thereon not later than the day after such
notice appears in the official newspaper of the Town.
D.
Disposition of application by Planning Board.
(1)
Within 62 days of the close of the public hearing, unless this time
is extended by mutual consent of the applicant and Planning Board,
the Planning Board shall act by resolution to approve, approve with
conditions, approve with modifications, or disapprove such special
use permit. The decision of the Planning Board shall be certified
by the Chairman of the Planning Board, filed in the Town Clerk's and
Building Inspector's offices, and mailed to the applicant at the address
indicated on the application within five days of the Planning Board's
decision.
(2)
A resolution of either approval, approval with conditions, or approval
with modifications will include authorization to the Planning Board
Chair to sign the special use permit application upon the applicant's
compliance with the conditions or requirements stated in the approval.
If the Planning Board's resolution includes a requirement that modifications
be incorporated in the special use permit, conformance with these
modifications shall be considered a condition of approval. If the
special permit is disapproved, the Planning Board's resolution shall
be accompanied by a statement, in writing, giving the grounds for
denial.
E.
General consideration for special use permits. In permitting any
special use, the Planning Board shall take into consideration the
public health, safety and general welfare and the comfort and convenience
of the public in general in the Town and of the immediate neighborhood
in particular. The Planning board may require modifications to development
proposals, submission of alternative design and layout proposals and
may attach reasonable conditions and safeguards to eliminate or minimize
potential impacts as a precondition of its approval. The Planning
Board, after public notice and hearing, may approve the issuance of
a permit, provided that it shall find that all of the following conditions
and standards have been met:
(1)
Traffic access. All proposed traffic access shall be adequate but
not excessive in number, adequate in width, grade and alignment and
visibility, and sufficiently separated from street intersections and
other places of public assembly and shall meet other similar safety
considerations.
(2)
Parking. Parking areas will be of adequate size for the particular
use, and the entrance and exit drives shall be laid out so as to achieve
maximum safety.
(3)
Landscaping and screening. All parking and service areas shall be
reasonably screened from the view of adjacent residential lots and
streets, and the general landscaping of the site shall be in character.
[Amended 5-9-2011 by L.L. No. 3-2011]
(4)
Character and appearance. The character and appearance of the proposed
use, buildings, structures, outdoor signs and lighting shall be the
character of the surrounding neighborhood and that of the Town of
Marlborough.
[Amended 5-9-2011 by L.L. No. 3-2011]
(5)
Historic and natural resources. The proposed use shall be designed
and shall be carried out in a manner that protects historic and natural
environmental features on the site and in adjacent areas.
[Amended 5-9-2011 by L.L. No. 3-2011]
(6)
Level of service. The level of services required to support the proposed
activity or use is or will be available to meet the needs of the proposed
activity or use. This consideration shall include the suitability
of water supply and sanitary sewage facilities and protection from
pollution of surface water or groundwater.
[Amended 5-9-2011 by L.L. No. 3-2011]
(7)
Emergency services. All proposed buildings, structures, equipment
and/or material shall be readily accessible for fire, police, and
other emergency service protection.
(8)
[1]In or adjacent to a residence district. In addition to
the above criteria, in the case of any use located in or directly
adjacent to a residence district:
(a)
The location and size of such use, the nature and intensity
of operations involved in or conducted in connection therewith, the
size of the site in relation to the use, its site layout and its relation
to existing and future access streets shall be such that both pedestrian
and vehicular traffic to and from the use and the assembly of persons
in connection therewith will not be hazardous or inconvenient to or
incongruous with said residence district or conflict with the normal
traffic of the neighborhood.[2]
[2]
Editor's Note: Former Subsection E(8)(b), regarding the location
and height of buildings and walls, was repealed 5-9-2011 by L.L. No.
3-2011.
[1]
Editor's Note: Former Subsection E(8), Nuisances, was repealed
5-9-2011 by L.L. No. 3-2011. This local law also provided for the
redesignation of former Subsection E(9) and (10) as E(8) and (9),
respectively.
(9)
The use of best management practices in the protection of streams,
steep slopes, wetlands, floodplains and other natural features.
F.
Additional safeguards and conditions. The Planning Board shall impose
additional conditions and safeguards upon the special permit as may
be reasonably necessary to assure continuing conformance to all applicable
standards and requirements, including reasonable assurance that these
conditions and safeguards can be responsibly monitored and enforced.
G.
Environmental consideration. The proposed use shall be subject to
review pursuant to the New York State Environmental Quality Review
Act (SEQR).
[Amended 5-9-2011 by L.L. No. 3-2011]
H.
Performance bonds. The applicant will be required to post performance
bonds pursuant to this chapter in amounts and duration to ensure that
all public improvements as per the approved final site plan can be
completed.
[Amended 5-9-2011 by L.L. No. 3-2011]
I.
The Planning
Board may require that an as-built certified survey be provided to
the Town Code Enforcement Officer and/or the Planning Board Secretary
to be filed with the official record.
[Added 5-9-2011 by L.L. No. 3-2011[3]]
[3]
Editor’s Note: This local law also provided for the
redesignation of former Subsections I through N as J through O, respectively.
J.
Existing violations. No permit shall be issued for a special use
for a property upon which there is an existing violation of this chapter
or other land use regulations of the Town of Marlborough, and the
Planning Board may withhold or suspend review pending remedy of the
violation(s).
K.
Waiver. The terms and conditions of a special permit may be modified
by application to the Planning Board in the same manner as an application
for a new special permit. In the event that the modification sought
is deemed insubstantial by the Planning Board, it may waive one or
more of the requirements of this section.
L.
Expiration of special permits. A special permit shall be void if
construction is not started within one year and completed within two
years of the date of the final site plan approval, except that such
special permit approval may be renewed by the Planning Board at its
discretion. Each of these respective periods of expiration may be
extended in the Planning Board's discretion for up to two additional
periods of one year each.
[Amended 5-9-2011 by L.L. No. 3-2011]
M.
Revocation of special permits. Special permits may be revoked by
the Building Department / Code Enforcement Officers in the event of
substantial deviation from approved special permit conditions, and
the use allowed by special permit shall terminate immediately.
N.
If the Planning Board indicates that all applicable requirements have been met and approves the special use permit, it shall approve issuance of the permit for which application has been made, including such conditions and safeguards to the permit as have been required. The Building Department/Code Enforcement Officers shall not issue the permit for which the application has been made until the provisions of § 155-32 have been met.
O.
Required referral. Prior to taking action on the site plan, the Town
Planning Board shall refer the project's site plan to the Ulster County
Planning Board for advisory review and a report in accordance with
§§ 239-1 and 239-m of the General Municipal Law.
[Amended 5-9-2011 by L.L. No. 3-2011]
[Added 8-25-2014 by L.L. No. 1-2014]
This section shall apply in all zoning districts. No premises
may be used for the display for sale of any motor vehicle, unless
the premises are covered by current and valid local approvals under
the provisions of this chapter for the commercial display and sale
of motor vehicles. Except, however, an owner of premises may display
for private sale one motor vehicle which is in the title of an owner
of the premises.
[Added 7-10-2017 by L.L.
No. 6-2017]
A.
Purpose. The Town of Marlborough recognizes that solar energy is
a clean, readily available, and renewable energy source. Development
of solar energy systems for residential, agricultural, and nonresidential
parcels' use of solar energy provides an excellent opportunity for
the reuse of land throughout the Town and offers an energy resource
that can act to attract and promote green business development. The
Town of Marlborough has determined that comprehensive regulations
regarding the development of solar energy systems are necessary to
protect the interests of the Town, its residents, and its businesses.
This section is intended to promote the effective and efficient use
of solar energy resources; set provisions for the placement, design,
construction, and operation of such systems to uphold the public health,
safety, and welfare; and to ensure that such systems will not have
a significant adverse impact on the aesthetic qualities and character
of the Town. To the extent practicable, and in accordance with Town
of Marlborough law, the accommodation of solar energy systems and
equipment and the protection of access to sunlight for such equipment
shall be encouraged in the application of the various review and approval
provisions of the Town of Marlborough Code. It is therefore the intent
of this section to provide adequate safeguards for the location, siting
and operation of solar energy facilities.
B.
ALTERNATIVE ENERGY SYSTEMS
AREA OF USE
BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV) SYSTEMS
CESSATION OF OPERATION
COLLECTIVE SOLAR
COMMUNITY NET METERING
FLUSH-MOUNTED SOLAR PANEL
GROUND-MOUNTED, FREESTANDING, or POLE-MOUNTED SOLAR ENERGY SYSTEM
KILOWATT (kW)
MEGAWATT (MW)
NET METERING
OFF-SITE USE
ON-SITE USE
PHOTOVOLTAIC (PV) SYSTEMS
QUALIFIED SOLAR INSTALLER
REMOTE NET METERING
ROOFTOP or BUILDING-MOUNTED SOLAR SYSTEM
SOLAR ACCESS
SOLAR COLLECTOR
SOLAR EASEMENT
SOLAR ELECTRIC GENERATING EQUIPMENT
SOLAR ENERGY SYSTEM or SOLAR ENERGY FACILITY
(1)
(2)
(3)
SOLAR GARDEN
SOLAR INVERTER
SOLAR PANEL
SOLAR STORAGE BATTERY
SOLAR THERMAL SYSTEMS
TILT
TRUE SOLAR NOON
Definitions. The following definitions shall apply specifically to this section. Any words defined in § 155-1 of this Code shall retain such definition. Usage of these words in other sections of this Code shall utilize such definition as well.
Structures, equipment, devices or construction techniques
used for the production of heat, light, cooling, electricity or other
forms of energy on site and may be attached to or separate from the
principal structure.
The area within the parcel measured from the outer edge(s)
of the arrays, inverters, batteries, storage cells and all other mechanical
equipment used to create solar energy, exclusive of fencing and access
roadways.
A combination of photovoltaic building components integrated
into any building envelope system, such as vertical facades, including
glass and other facade material, semitransparent skylight systems,
roofing materials, and shading over windows.
Not performing all normal functions associated with operation
of the solar energy facility and its equipment on a continuous basis
for a period of one year.
Solar installations owned collectively through subdivision
homeowner associations, college student groups, adopt-a-solar-panel
programs, or other similar arrangements.
As provided for by the New York State Public Service Commission.
Photovoltaic panels and tiles or other solar collectors that
are installed flush to the surface of a building roof and which cannot
be angled or raised.
A solar energy system that is anchored to the ground and
attached to a frame, pole or other mounting system, detached from
any other structure for the purpose of producing electricity for on-site
or off-site consumption.
Equal to 1,000 watts; a measure of the use of electrical
power.
Equal to 1,000 kilowatts; a measure of the use of electrical
power.
A billing arrangement that allows solar customers to get
credit for excess electricity that they generate and deliver back
to the grid so that they only pay for their net electricity usage.
A solar energy system designed to be used primarily for export
of solar energy to be used primarily by parcels other than the parcel
it is located on.
A solar energy system designed to be used primarily by the
building and/or parcel on which it is located.
A solar energy system that produces electricity by the use
of semiconductor devices, called photovoltaic cells, that generate
electricity whenever light strikes them.
A person who has skills and knowledge related to the construction
and operation of solar electrical equipment and installations and
has received safety training on the hazards involved. Persons who
are on the list of eligible photovoltaic installers maintained by
the New York State Energy Research and Development Authority (NYSERDA),
or who are certified as a solar installer by the North American Board
of Certified Energy Practitioners (NABCEP), shall be deemed to be
qualified solar installers for the purposes of this definition. Persons
who are not on NYSERDA's list of eligible installers or NABCEP's list
of certified installers may be deemed to be qualified solar installers
if the Town determines such persons have had adequate training to
determine the degree and extent of the hazard and the personal protective
equipment and job planning necessary to perform the installation safely.
Such training shall include the proper use of special precautionary
techniques and personal protective equipment, as well as the skills
and techniques necessary to distinguish exposed energized parts from
other parts of electrical equipment and to determine the nominal voltage
of exposed live parts.
As provided for by the New York State Public Service Commission.
A solar panel system located on the roof of any legally permitted
and/or constructed building or structure for the purpose of producing
electricity for on-site or off-site use.
Space open to the sun and clear of overhangs or shade, including
the orientation of streets and lots to the sun, so as to permit the
use of active and/or passive solar energy systems on individual properties.
A solar photovoltaic cell, panel, or array, or solar hot
air or water collector device, which relies upon solar radiation as
an energy source for the generation of electricity or transfer of
stored heat.
An easement recorded pursuant to New York Real Property Law
§ 335-b.
Electrical energy storage devices, material, hardware, inverters,
or other electrical equipment and conduit of photovoltaic devices
associated with the production of electrical energy.
An electrical generating system composed of a combination
of both solar panels and solar energy equipment.
SOLAR ENERGY SYSTEM, LARGE SCALEA solar energy system that is ground-mounted and produces energy primarily for the purpose of off-site use, sale, or consumption.
SOLAR ENERGY SYSTEM, SMALL SCALESolar photovoltaic systems which generate power exclusively for on-site use and consumption by the owners, lessees, tenants, residents, or other occupants of the premises of the building or lot to which they are attached and do not provide energy for any other lots, except as may be allowable under New York State or federal regulation.
SOLAR ENERGY SYSTEM, SUBDIVISION USEA collective solar energy system occupying less than or equal to two acres' area of use consisting of ground-mounted solar arrays or roof panels and associated control or conversion electronics and that will be used to produce utility power to provide energy only for the on-site use and consumption of the specific lots associated with a particular major or minor subdivision.
Groupings of solar photovoltaic panels connected to an electric
circuit served by an electric utility company. Multiple users may
subscribe to receive the output from one or more panels and receive
the benefits of PV technology and the efficiencies associated with
a larger-scale project without having to own, host or maintain the
equipment on their own property.
Converts the variable direct current (DC) output of a photovoltaic
(PV) solar panel into a utility frequency alternating current (AC)
that can be fed into a commercial electrical grid or used by a local,
off-grid electrical network.
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
A device that stores energy from the sun and makes it available
in an electrical form.
Solar thermal systems directly heat water or other liquid
using sunlight. The heated liquid is used for such purposes as space
heating and cooling, domestic hot water, and heating pool water.
The angle of the solar panels and/or solar collector relative
to their latitude. The optimal tilt to maximize solar production is
perpendicular, or 90°, to the sun's rays at true solar noon.
When the sun is at its highest during its daily east-west
path across the sky.
C.
Applicability. The requirements of this section shall apply to all
solar energy systems installed or modified after its effective date,
excluding general maintenance and repair.
D.
General requirements.
(1)
All solar energy system installations shall be performed by
a qualified solar installer.
(2)
A solar energy system connected to the utility grid shall provide
written proof from the local utility company acknowledging the solar
energy facility will be interconnected to the utility grid. Any connection
to the public utility grid must be inspected by the appropriate public
utility.
(3)
Solar energy systems shall meet New York's Uniform Fire Prevention
and Building Code and National Electrical Code standards.
(4)
Every solar energy system shall be depicted on a plan showing
the location of the major components of the solar system and other
equipment located on a roof or a legal accessory structure. This plan
should represent the relative location of all components at the site,
including, but not limited to, location of array, existing electrical
service location, utility meter, inverter location, system orientation
and tilt angle. This plan shall show access and pathways that are
compliant with New York State Fire Code, if applicable.
(5)
Specification sheets for all manufactured components shall be
required.
(7)
Prior to operation of the solar energy system, proof that electrical
connections have been inspected and approved by an appropriate electrical
inspection person or agency, as determined by the Town of Marlborough,
must be provided.
(8)
Safety.
(a)
Solar energy systems shall be maintained in good working order.
(b)
All solar energy systems shall be designed and located in order
to prevent reflective glare from impacting roadways and contiguous
properties.
(c)
If solar storage batteries are included as part of the solar
collector system, they must be placed in a secure container or enclosure
meeting the requirements of the New York State Building Code when
in use and, when no longer used, shall be disposed of in accordance
with the laws and regulations of the Town of Marlborough and other
applicable laws and regulations.
E.
Solar thermal systems and building-integrated photovoltaic (BIPV)
systems are permitted outright in all zoning districts, subject to
the issuance of a building permit.
F.
Planning Board authority to modify development standards. The Planning Board, in conjunction with the review of a specific subdivision, site plan, or special use application pursuant to this § 155-32.2 may also appropriately modify other development standards, including but not limited to building height, to accommodate solar and other energy-efficient systems.
G.
Small-scale solar energy system as accessory use or structure.
(1)
Applicability.
(a)
A small-scale solar energy system use and/or structure shall
be accessory to the main use and/or structure and shall be incidental,
related, appropriate and clearly subordinate to the main use and/or
structure.
(b)
Solar energy collectors shall be permitted only to provide power
for use by owners, lessees, tenants, residents, or other occupants
of the lot on which they are erected, but nothing contained in this
provision shall be construed to prohibit collective solar installations
or the sale of excess power through a net billing or net metering
arrangement in accordance with New York Public Service Law § 66-j
or similar state or federal statute.
(c)
No small-scale solar energy system or device shall be installed
or operated in the Town of Marlborough except in compliance with this
section.
(2)
Roof-mounted solar energy systems.
(a)
Roof-mounted solar energy systems that use the electricity on
site or off site are permitted as an accessory use in all zoning districts
when attached to any lawfully permitted and constructed building or
structure.
(b)
Height. Solar energy systems shall not exceed maximum height
restrictions within the zoning district they are located in, as illustrated
in the Schedule of District Regulations of this Code.[1]
[1]
Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.
(c)
Roof-mounted solar energy systems that use the energy on site
or off site shall be exempt from site plan review under the local
Zoning Code or other land use regulations. A building permit shall
be required prior to construction and installation.
(3)
Ground-mounted solar energy systems.
(a)
Ground-mounted solar energy systems that use the electricity
primarily on site are permitted as accessory structures in all zoning
districts.
(b)
Height and setback. The height of the solar energy system shall
not exceed 15 feet when oriented at maximum tilt. Setback requirements
shall be as stated for accessory uses for the underlying zoning district.
(c)
System capacity, ground-mounted solar energy systems designed
for on-site use shall not be sized greater than the energy usage necessary
to serve the parcel. Documentation of energy use or energy use expansion
necessity may be required.
(d)
Lot coverage. The lot on which a ground-mounted solar energy
system is located shall be granted an additional 10% of bonus lot
coverage from that permitted in the Schedule of District Regulations
for that specific zoning district.[2] The surface area covered by solar panels shall be included
in total lot coverage.
[2]
Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.
(e)
Ground-mounted solar energy systems located in the Residential District that use the electricity primarily on site shall be exempt from site plan review under the local Zoning Code or other land use regulations and only a building permit shall be required prior to construction and installation. Location in other districts will require site plan review as outlined in § 155-31.
H.
Standards for solar energy system, subdivision use.
(1)
When an application for subdivision is presented to the Planning
Board, which plans include incorporation of a solar energy system
as a community energy source, the following criteria for the review
and use shall be considered:
(a)
Solar energy systems shall be permitted only to provide power
for use by owners, lessees, tenants, residents, or other occupants
of the subdivision on which they are erected, but nothing contained
in this provision shall be construed to prohibit collective solar
installations or the sale of excess power through a net billing or
net metering arrangement in accordance with New York Public Service
Law § 66-j or similar state or federal statute.
(b)
Solar energy systems shall be permitted under the Schedule of District Regulations when authorized by site plan approval from the Planning Board in conjunction with minor or major subdivision review, subject to the following terms and conditions in the R-AG-1 and R-1 Zoning Districts, so long as the solar energy system meets the criteria set forth in this subsection and Chapter 134, subject to obtaining all other necessary approvals.[3]
[3]
Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.
(c)
The solar energy system shall be located on one or more buildable
lots of the subdivision.
(d)
All solar energy systems shall be designed, erected and installed
in accordance with all applicable codes, regulations and standards.
(e)
A homeowners' association shall be established for the operation
and maintenance of the solar energy system.
(2)
Site plan requirements. A solar energy system designed for use in conjunction with a specific subdivision use shall comply with all the site plan requirements of § 155-31, in addition to the subdivision requirements of Chapter 134. Additional requirements for the use shall include but not be limited to the following:
(a)
Maximum area. The maximum area of use for a solar energy system
designed for a specific subdivision use shall occupy less than or
equal to two acres of land area of use.
(b)
Height and setback. The height of the solar energy system shall
not exceed 15 feet when oriented at maximum tilt. Setback requirements
shall be as stated for the underlying zoning district.
(c)
Lot coverage. The lot on which a solar energy system, subdivision
use, is located shall be granted an additional 10% of bonus lot coverage
from that permitted in the Schedule of District Regulations for that
specific zoning district.[4] The surface area covered by solar panels shall be included
in total lot coverage.
[4]
Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.
(d)
The solar energy system shall be preferably located on an interior
lot of the subdivision and placed away from contiguous residential
use. Where a solar energy system designed for a specific subdivision
use will abut other residential uses outside the boundaries of the
subdivision, there shall be increased consideration for mitigating
visual impact to the residential use. For example, increased setbacks,
visual screening that does not impair solar access, or sound buffering
may be required by the Planning Board.
(e)
All solar energy production facilities shall be designed and
located in order to prevent reflective glare onto roadways or adjacent
structures.
(f)
A minimum twenty-five-foot perimeter buffer, except for the
area of roadway access, which may be partially or totally within the
subdivision perimeter lot line setback, consisting of natural and
undisturbed vegetation, supplemented with evergreen plantings in accordance
with Town of Marlborough Zoning Code standards, as may be required
by the Planning Board, shall be provided around all mechanical equipment
and solar panel arrays to provide screening from adjacent properties
and Town, county and state roads. Landscape screening shall be provided
in accordance with the landscaping provisions of this chapter. Existing
on-site vegetation designated to be utilized as screening shall be
preserved to the maximum extent possible and shall be diligently maintained
to protect its vitality.
(g)
Site plans shall be developed that provide for the preservation
of natural vegetation in large unbroken blocks that also allow contiguous
open spaces to be established when adjacent parcels are developed.
(h)
A land grading and vegetation clearing plan shall be prepared.
Clear-cutting of all trees in a single contiguous area shall be limited
to the area of the equipment compound plus the area of an emergency
access roadway and the area required for solar access.
(i)
Debris, materials and/or mulch generated by site clearing or
construction shall not be stockpiled on site.
(j)
Noninvasive ground cover under and between the rows of solar
panels shall be low-maintenance, drought-resistant, and non-fertilizer-dependent.
(k)
All local stormwater regulations shall be complied with. The
applicant shall comply with the State Pollutant Discharge Elimination
System guidelines. If determined to be required, an SWPPP (stormwater
pollution prevention plan) shall be prepared, and a stormwater, erosion,
and slope analysis of the land shall be required to be assessed by
a New York State licensed professional engineer for the site and any
road used to access the site.
(l)
Conveyance of energy to subdivision lots. The site plan shall
show the pathways of utility service lines which will be put into
place to convey energy to each lot of the subdivision. Necessary utilities
to serve the site shall preferably be underground and in compliance
with all local, state, and federal laws, rules, and regulations, including
specifically, but not limited to, the National Electrical Safety Code
and the National Electrical Code where appropriate. Overhead lines
shall follow access roads and/or existing tree lines to minimize visual
impact upon surrounding properties.
(m)
The applicant shall provide the means of restricting access
by the public to the solar collector and indicate such on the site
plan.
(n)
Signs. A sign no greater than two square feet indicating the
name of the facility owner(s) and a twenty-four-hour emergency telephone
number shall be posted. In addition, "No Trespassing" or other warning
signs may be posted. All signage shall be maintained in legible condition
and contain accurate information. A clearly visible warning sign concerning
voltage shall be placed at the base of all pad-mounted transformers
and substations. No signage of any kind shall be allowed to be attached
to solar panels or support structures, except any required safety
warnings.
(o)
Property operation and maintenance plan. Such plan shall describe
continuing photovoltaic maintenance and property upkeep, such as mowing
and trimming.
(p)
Proposed covenants and restrictions and a management plan for
the proposed homeowners' association (HOA).
I.
Standards for large-scale solar systems as a special use.
(1)
Large-scale solar energy systems are permitted through the issuance
of a special use permit within the R-AG-1 and Industrial Zoning Districts,
subject to the requirements set forth in this section, including site
plan approval.
(2)
Special use permit application requirements. For a special permit
application, the site plan application is to be used as supplemented
by the following provisions:
(a)
If the property of the proposed project is to be leased, legal
consent between all parties, specifying the use(s) of the land for
the duration of the project, including easements and other agreements,
shall be submitted.
(b)
Blueprints showing the layout of the solar energy system signed
by a professional engineer or registered architect shall be required.
(c)
The equipment specification sheets shall be documented and submitted
for all photovoltaic panels, significant components, mounting systems,
and inverters that are to be installed.
(3)
Special use permit standards.
(a)
Height and setback. The height of the large-scale energy systems
shall not exceed 15 feet when oriented at maximum tilt. Setback requirements
shall be as stated for the underlying zoning district, except all
inverters shall be set back the lesser of 100 feet or until the electromagnetic
field (EMF) meets background level, as determined by the World Health
Organization (WHO).
(b)
Area of use. The area of use for a large-scale solar energy
system shall be a maximum of 20 acres.
(c)
Lot coverage. The lot on which a large-scale solar energy system
is located in the R-AG-1 District shall be granted an additional 30%
of bonus lot coverage from that permitted in the Schedule of District
Regulations, and a lot in the Industrial Zoning District shall be
granted an additional 10% of bonus lot coverage from that permitted
in the Schedule of District Regulations.[5] The surface area covered by solar panels shall be included
in total lot coverage.
[5]
Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.
(d)
All solar energy production facilities shall be designed and
located in order to prevent reflective glare onto roadways or adjacent
structures.
(e)
A minimum twenty-five-foot perimeter buffer, except for the
area of roadway access, which may be partially or totally within the
perimeter lot line setback, consisting of natural and undisturbed
vegetation, supplemented with evergreen plantings, as may be required
by the Planning Board, shall be provided around all mechanical equipment
and solar panel arrays to provide screening from adjacent properties
and Town, county and state roads.
(f)
A land grading and vegetation clearing plan shall be prepared.
Clear-cutting of all trees in a single contiguous area shall be limited
to the area of the equipment compound plus the area of an emergency
access roadway and the area required for solar access.
(g)
Noninvasive ground cover under and between the rows of solar
panels shall be low-maintenance, drought-resistant, and non-fertilizer-dependent.
(h)
Debris, materials and/or mulch generated by site clearing or
construction shall not be stockpiled on site.
(i)
All local stormwater regulations shall be complied with. The
applicant shall comply with the State Pollutant Discharge Elimination
System guidelines. If determined to be required, an SWPPP (stormwater
pollution prevention plan) shall be prepared, and a stormwater, erosion,
and slope analysis of the land shall be required to be assessed by
a New York State licensed professional engineer for the site and any
road used to access the site.
(j)
All large-scale solar energy systems shall be enclosed by fencing
to prevent unauthorized access. Warning signs with the owner's contact
information shall be placed on the entrance and perimeter of the fencing.
The type of fencing shall be determined by the Town of Marlborough
Planning Board. The fencing and the system may be further screened
by any landscaping needed to avoid adverse aesthetic impacts.
(k)
Signs. A sign no greater than two square feet indicating the
name of the facility owner(s) and a twenty-four-hour emergency telephone
number shall be posted. In addition, "No Trespassing" or other warning
signs may be posted. All signage shall be maintained in legible condition
and contain accurate information. A clearly visible warning sign concerning
voltage shall be placed at the base of all pad-mounted transformers
and substations. No signage of any kind shall be allowed to be attached
to solar panels or support structures, except any required safety
warnings.
(l)
Property operation and maintenance plan. Such plan shall describe
continuing photovoltaic maintenance and property upkeep, such as mowing
and trimming.
J.
Decommissioning plan for solar energy system, large scale, and solar
energy system, subdivision use.
(1)
Any use which requires approval by the Planning Board shall
include a decommissioning plan approved by the Planning Board.
(2)
The decommissioning plan shall specify that after the solar
energy system will no longer be used, it shall be removed by the applicant
or any subsequent owner and shall include a signed statement from
the party responsible for completing the decommissioning plan acknowledging
such responsibility.
(3)
The plan shall demonstrate how the removal of all infrastructure
and the remediation of soil and vegetation shall be conducted to return
the parcel to its original state prior to construction.
(4)
The plan shall state disposal of all solid and hazardous waste
shall be in accordance with local, state, and federal waste disposal
regulations.
(5)
The plan shall include an expected timeline for execution.
(6)
The plan shall include a cost estimate detailing the projected
cost of executing the decommissioning plan prepared by a professional
engineer or contractor. Cost estimations shall take into account inflation.
(7)
Removal of solar energy systems must be completed in accordance
with the decommissioning plan. If the solar energy system is not decommissioned
after being considered abandoned, the Town may, after providing the
last known owner of record prior written notice, by first-class mail,
of no less than 20 days, remove the system and restore the property
and impose a lien on the property to cover these costs to the Town.
The decommissioning plan shall grant the Town a limited license to
access the property for the purpose of removing the solar energy system
after the notice requirements of this subsection have been satisfied.
K.
Abandonment and removal of small-scale solar energy system.
(1)
Any solar energy facility which ceases to operate shall be wholly
removed from the site.
(2)
In the event the solar energy facility is not so removed, the
Building Inspector and/or Code Enforcement Officer shall give written
notice to the owner of such facility stating that the solar energy
facility is considered abandoned, and setting a time, date and place
for a public hearing before the Town Board. Such public hearing shall
be on not less than 30 days' notice from date of mailing to such owner.
Upon a finding that the solar energy facility has been abandoned,
the Town Board shall deliver written notice to the facility owner
indicating the reasons for its finding, and directing that the solar
energy facility be removed within 120 days. In the event that the
solar energy facility is not so removed, the Town Board may enter
the property, remove the solar energy facility and restore the property.
(3)
Upon recommendation of the Building Inspector and/or Code Enforcement
Officer, the Town Board may waive or defer the requirement that a
solar energy facility be removed if it determines that retention of
such facility is in the best interest of the Town.
(4)
Should the Town remove the solar energy facility pursuant to
this subsection, the Town shall charge back any costs against the
owner and/or applicant. If the owner of said property does not pay
said charges, they shall be included as a part of the next Town tax
bill, and said charge shall be due and payable by said owner at the
time of payment of said bill.
[Added 4-12-2021 by L.L. No. 2-2021]
Each owner of a short-term rental unit must obtain an annual
operating permit from the Building Department, must pay any related
permitting/inspection fees, and comply with the following:
A.
Application
process and required submittals.
(1)
Provide a completed annual permit application, including:
(a)
A safety/egress plan, to be posted in the proposed short-term rental
unit in a visible location and on the back of each bedroom door of
a bedroom occupied by a renter.
(b)
A parking layout plan identifying where parking is to be located as required in accordance with standards set forth in § 155-27 of this chapter.
(c)
A garbage removal plan (garbage receptacles cannot be left out for
more than 24 hours before and after pickup).
B.
The
name and contact information of the owner shall be provided to the
Building Department and shall be posted in the short-term rental unit.
Both the owner and the renter will be responsible for addressing rental
issues and compliance with short-term rental requirements within 24
hours. The owner must notify the Building Department of any changes
in short-term renter contact information and posted notice in the
short-term rental unit shall be revised accordingly.
C.
Occupancy
shall be limited to two guests per bedroom and total short-term rental
occupancy shall be posted in the short-term rental unit. Children
12 years old and under shall not be counted as guests.
D.
Owners
of short-term rental units must register them with Ulster County in
accordance with Ulster County Local Law No. 5 of 1991. A copy of said
registration must accompany each short-term rental unit application
to the Town Building Department. Owners of properties in the Town
of Marlborough that are listed on the Ulster County registry of homes
used for short-term rentals shall receive notification from the Building
Department of the provisions of the Town Code applicable to short-term
rentals, including the registration and operational requirements.
E.
Short-term
rental units must pass a yearly fire/safety inspection and a copy
of the inspection report must be attached to short-term rental unit
annual renewal permit applications. All short-term rental units must
comply with New York State Building Code requirements.
F.
Only
an owner is permitted to register a short-term rental unit. An individual
owner must be a resident of the Town of Marlborough. Registration
by an owner which is a corporation, limited liability company or other
business entity beneficially owned by persons who have an interest
in more than one short-term rental unit is prohibited in residential
districts. Registrations are transferable with a new application.
Transfer of permits must be applied for within 30 days of transfer
of title.
G.
The
Town Board may set limits on the number of short-term rental units
permitted within the Town and shall establish the fee schedule on
an annual basis.
H.
Each
owner will provide guests with copies of applicable local laws, including
the noise, fire, safety ordinances and requirements. Each owner will
also provide emergency contact information as well as the address
of the property where the short-term rental unit is located and will
ensure the property address is clearly identifiable from the street.
Owner will provide guests with a property map that shows the property
boundaries.
I.
Approved
short-term rental units will be assigned a registration number that
must be included in all rental listings, both print and online and
posted within the short-term rental unit. Advertising on or at the
site of the short-term rental unit is prohibited.
J.
Failure
to comply with the requirements of this section will result in denial
of short-term rental unit applications.
K.
Three
or more violations of local laws may lead to revocation or nonrenewal
of an approved short-term rental unit operating permit.
L.
The
use and occupancy of all or any part of a multiple dwelling as a short-term
rental unit is strictly prohibited.
M.
The
owner shall be responsible for compliance with the provisions of this
section and management of his or her short-term rental unit and may
not delegate such authority to a property manager or third-party host.
[Added 9-26-2022 by L.L. No. 8-2022]
Each owner of a bed-and-breakfast must obtain an annual operating
permit from the Building Department, must pay any related permitting/inspection
fees, and must comply with the following:
A.
Application
process and required submittals.
(1)
Provide a completed annual permit application, including:
(a)
A safety/egress plan, to be posted in the proposed bed-and-breakfast
in a visible location and on the back of each bedroom door of a bedroom
occupied by a renter.
(b)
A parking layout plan identifying where parking is to be located, as required in accordance with standards set forth in § 155-27 of this chapter.
(c)
A garbage removal plan (garbage receptacles cannot be left out for
more than 24 hours before and after pickup).
B.
The
name and contact information of the owner shall be provided to the
Building Department and shall be posted in the bed-and-breakfast.
Both the owner and the renter will be responsible for addressing rental
issues and compliance with bed-and-breakfast requirements within 24
hours. The owner must notify the Building Department of any changes
in bed-and-breakfast contact information and posted notice(s) in the
bed-and-breakfast shall be revised accordingly.
C.
Occupancy
shall be limited to two guests per bedroom and total bed-and-breakfast
rental occupancy shall be posted in the bed-and-breakfast. Children
12 years old and under shall not be counted as guests.
D.
Owners
of a bed-and-breakfast must register with Ulster County in accordance
with Ulster County Local Law No. 5 of 1991. A copy of said registration
must accompany each bed-and-breakfast application to the Town Building
Department. Owners of properties in the Town of Marlborough that are
listed on the Ulster County registry of homes used for short-term
rentals or bed-and-breakfasts shall receive notification from the
Building Department of the provisions of the Town Code applicable
to bed-and-breakfasts, including the registration and operational
requirements.
E.
A bed-and-breakfast
must pass a yearly fire/safety inspection, and a copy of the inspection
report must be attached to the bed-and-breakfast annual renewal permit
applications. All bed-and-breakfasts must comply with New York State
Building Code requirements.
F.
Only
an owner is permitted to register a bed-and-breakfast. An individual
owner must be a permanent resident of the Town of Marlborough and
must occupy the residence to be used as the bed-and-breakfast full-time.
G.
The
Town Board may set limits on the number of bed-and-breakfasts permitted
within the Town and shall establish the fee schedule on an annual
basis.
H.
Each
owner will provide guests with copies of applicable local laws, including
the noise, fire, and safety ordinances and requirements. Each owner
will also provide emergency contact information as well as the address
of the property where the bed-and-breakfast is located and will ensure
the property address is clearly identifiable from the street. The
owner will provide guests with a property map that shows the property
boundaries.
I.
An approved
bed-and-breakfast will be assigned a registration number that must
be included in all rental listings, both print and online, and must
also be posted within the bed-and-breakfast. Advertising on or at
the site of the bed-and-breakfast is prohibited.
J.
Failure
to comply with the requirements of this section may result in denial
of a bed-and-breakfast application by the Building Department.
K.
Three
or more convictions for violations of local laws may lead to revocation
or nonrenewal of a bed-and-breakfast operating permit by the Building
Department.
L.
The
owner shall be responsible for compliance with the provisions of this
section and management of his or her bed-and-breakfast.
[Added 2-26-2024 by L.L. No. 1-2024]
Each owner of a cannabis retail dispensary or cannabis on-site
consumption establishment must be licensed in accordance with New
York State Law, must obtain an annual operating permit from the Building
Department, must pay any related permitting/inspection fees, and shall
comply with each of the requirements of this section.
A.
Findings. The Town of Marlborough finds that the orderly development
of commercial business is essential to maintaining and protecting
the health, safety and welfare of the residents of the Town. The Town
also finds that businesses which cater to adults should be located
and regulated to minimize the potential adverse impact to residents.
B.
Purpose. The purpose of this section is to regulate the siting, design,
placement, security, safety, monitoring and modification of cannabis
establishments to ensure the placement of cannabis establishments
in appropriate locations and to minimize the adverse impacts of cannabis
establishments on residential neighborhoods, schools and other such
places where children commonly frequent and congregate.
C.
Applicability. These regulations shall apply to all structures and
uses of retail sales and/or consumption lounges where cannabis can
be purchased and/or consumed.
D.
General requirements.
(1)
No cannabis establishment shall be operated except in compliance
with the provisions of this chapter.
(2)
When a cannabis establishment is proposed to be in an existing
building, regardless of any prior site plan approval (including but
not limited to approval for retail sales on the property), the owner
shall be required to obtain a special use permit/site plan approval
for cannabis related use, retail or on-site consumption establishments.
(3)
The location of cannabis establishments shall be authorized in conformity with § 155-12, Use regulations, of the Town of Marlborough Zoning Code.
(4)
A cannabis establishment shall be wholly contained within a
building or structure. No outdoor on-site consumption establishments
shall be permitted.
(5)
The hours of operation of Cannabis Establishments shall be set
by the Town of Marlborough Planning Board as a condition of the special
use permit and/or site plan approval.
(6)
Cannabis Establishments shall not be located within a 500-foot
radius from:
(a)
Any school pre-k through grade 12;
(b)
Any day-care center, or any facility where children commonly
congregate. A facility is not, however, limited to a building. Such
a facility may include but is not limited to: a public park; a playground;
a public swimming pool; a library; or a center or facility where the
primary purpose of which is to provide recreational opportunities
or services to children or adolescents;
(c)
Any other cannabis establishment;
(d)
Any drug or alcohol rehabilitation facility;
(e)
Any correctional facility, half-way house or similar facility;
or
(f)
Any building containing a place of worship; or
(g)
Any Town building or Town park.
(7)
No cannabis establishment shall be located inside a building
containing residential units, including transient housing which includes
but is not limited to hotels, motels, dormitories, bed and breakfasts
and short-term rentals.
(8)
Cannabis establishments shall be located within a permanent
building and may not be located in a trailer, cargo container, motor
vehicle or other similar nonpermanent enclosure.
(9)
No outside storage of cannabis, related supplies or promotional
materials shall be permitted. Any signage must be in conformity with
this chapter.
(10)
On-site consumption of cannabis products is prohibited within
or on the grounds of a permitted cannabis retail dispensary.
(11)
Cannabis-related land uses shall not be permitted as home occupations
or accessory uses in any zoning district.
E.
F.
Additional requirements for cannabis on-site consumption establishments
and cannabis retail dispensaries.
(1)
Provide sufficient lighting during and after hours of operation.
(2)
Adequate facilities and personnel for secure disposal of trash
and other debris.
(3)
Continuing maintenance of the exterior of the building and the
grounds, including landscaping, signs and policing of litter.
(4)
Sales product and paraphernalia items related to the preparation
or consumption of cannabis products shall not be visible off-site
or from a public right-of-way.
(5)
Outdoor use of sound reproduction devices, including but not
limited to loudspeakers and amplifiers on the premises, shall be prohibited.
G.
Signs.
(1)
Any signs shall be governed by the signage requirements applicable to the zoning district where the cannabis establishment is located pursuant to § 155-28 of this chapter.
(2)
No image depicting any part of a marijuana plant or any product
or use of the marijuana plant shall be allowed on any outdoor signage.
H.
State approval. All cannabis establishments approved pursuant to
this section must be licensed in accordance with Article 4 of the
New York State Cannabis Law. An expiration or revocation of a license
by the state shall be deemed to automatically terminate the special
use permit or other Planning Board approvals permitting use.
